Are You Formalizing Your Asset Purchase Intentions?

When purchasing the assets of a company, finding a• Facilitating negotiations between the parties,
good letter of intent may not be easy for everyonealthough it is not a legal contract and so not legally
nor may a good one be easily available especiallybinding. • The new company so incorporated by the
when you are in need of it most. You may have abuyer will lead to his buying up all the assets as well as
general idea and some time to spare to write one forgoodwill of the business from the seller. • In case
yourself, but you might be slamming the door onthe deal falls through, the seller will reimburse the buyer
yourself if it does not turn out to be effective andhis cost plus a percentage of the agreed purchase
useful for those who will be using it. Such a Letter ofprice in the form of liquidated damages.
Intent to Purchase the Assets of a Company is sureThe format of the Letter of Intent to Purchase Assets
to be carefully drafted, keeping in mind generalof a Company will expressly name both the Buyer and
terminology as well as including salient points that oughtSeller and furnish relevant details such as their
to cover all the legal aspects to the satisfaction of theaddresses, phone and fax numbers. It will further state
users.that the Purchaser is interested in purchasing 100% of
The Letter of Intent to Purchase the Assets of athe assets of the Seller in the form of an incorporation
Company will enable all persons concerned to specifythat is to be formed by the Purchaser. The date of
the terms and conditions prior to the writing of a formalcompletion may be termed "Closing Date" and the
asset purchase agreement. It should be concise andamount of compensation plus any other liabilities will be
lay down the various key points that will prove itsfollowed as per the terms and conditions of the Letter
value and help facilitate good business purchases. Theof Intent to Purchase Assets of a Company. The
Letter of Intent to Purchase Assets of a Companytransfer of ownership shall then pass into the hands of
should include:the Purchaser.