Companies often resort to forming a merger in order to acquire more benefits compared to when separated. Others acquire companies that would fit the business plans of an entity. All these scenarios in which business entities combine and consolidate resources is documented legally with the use of a contract agreement known as a merger agreement.
Merger agreements are generated after particular processes a company conducts in order to gain concessions as stated on the agreement. Most merger agreements have the inclusion of a confidentiality agreement as shown on the following merger agreement templates in Word and PDF formats available for you to sift through and to download.
Merger Implementation Agreement
Merger and Acquisition
Merger & Transfer Agreement
What Is a Merger Agreement?
A merger agreement is a legal contract in which two business entities agree to combine resources, operating units, organization and ownership. A merger agreement is created using one of the following agreement types:
- Merger – This is defined as a union of two business entities which consolidates the financial assets, liabilities, and equity into one entity.
- Acquisition – This pertains to a business entity’s taking over of ownership on another entity’s assets and interests.
Whether its a merger or acquisition, a merger agreement results to the incorporation of one entity with another combining their resources. Acquisition agreement templates and merger agreement templates in PDF formats are available for your perusal.
Standard Procedure in Business Mergers
The following are the stages business entities undergo before conjure a merger agreement in the format presented on a sample basic agreement template:
- Assessment of Business Entity – Before entities consolidate, the acquiring entity values the business as a whole with the use of standard valuation procedures within the company.
- Selection of Target Entity – Once the purchasing company has located an establishment best suited for the merger, valuation of the target company is done in order to aid in the next step of the process.
- The Negotiation Process – This pertains to a close door meeting between the parties involved. They must come into a concession in order to create a merger agreement with particular clauses of a mutual confidentiality agreement on the chosen agreement stipulations.
Short Form Merger
Merger and Justification Agreement
Outline of a Merger Agreement
Merger agreements are created with a certain format as defined by governing laws of state. The following is an outline in the creation of a merger agreement between business entities:
- Making Standard Confidentiality Agreements – This will ensure the exclusivity of the agreement between the contracting parties. A letter of intent is also submitted along with the confidentiality agreement from the acquiring company to the target entity.
- Defining Terms and Conditions – As shown on printable agreement templates on this website, the terms and conditions of the merger agreement are specified which includes representations, warranties, covenants, remedies and other conditions subject to the consolidation of the entities.
- Stating Disclosure Concerns – This pertains to the information to be disclosed to the public as governed by the state which the business entity is under jurisdiction of. This usually involves quarter and annual reports, definitive agreement, and closing.
Devising a merger agreement that is beneficial to the consolidating entities can easily be made if you utilize the merger agreement templates on this website. The creation of a merger agreement from the merger agreement templates in Word and in PDF formats will make you focus on the important factors to be incorporated on the agreement.