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Deposit Agreement For Business Purchase
"Need a Deposit Agreement For Business Purchase for acquiring a small manufacturing company in Ontario, with a 10% deposit of CAD 250,000 to be held in escrow until March 15, 2025, when due diligence is completed."
1. Parties: Identification of the buyer (depositor) and seller (recipient), including full legal names and addresses
2. Background: Context of the proposed business purchase and purpose of the deposit agreement
3. Definitions: Key terms used throughout the agreement, including 'Deposit', 'Business', 'Purchase Price', and 'Completion Date'
4. Deposit Amount and Payment: Specifies the deposit amount, payment method, and timing of payment
5. Purpose of Deposit: Explains that the deposit secures the buyer's intention to purchase the business and will form part of the purchase price
6. Holding of Deposit: Details of how and where the deposit will be held (e.g., trust account, escrow) and any interest arrangements
7. Conditions for Release: Circumstances under which the deposit will be released to either party
8. Forfeiture Provisions: Conditions under which the deposit may be forfeited and consequences of default
9. Relationship to Purchase Agreement: How this agreement relates to the main business purchase agreement
10. Termination: Circumstances and process for terminating the deposit agreement
11. Governing Law and Jurisdiction: Specifies that Canadian law governs and identifies the relevant jurisdiction
12. Execution: Signature blocks and execution requirements
1. Multiple Deposits: Required when the deposit is to be paid in installments or when multiple deposits are involved
2. Interest Provisions: Used when there are specific arrangements for interest earned on the deposit
3. Escrow Agent Provisions: Needed when an escrow agent is involved in holding the deposit
4. Due Diligence Conditions: Include when deposit release is contingent on due diligence outcomes
5. Third Party Rights: Required when other parties have rights or obligations related to the deposit
6. Currency Provisions: Include when deposits involve foreign currency or exchange rate considerations
7. Tax Implications: Add when specific tax treatment of the deposit needs to be addressed
8. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard jurisdiction clauses
1. Schedule A - Deposit Payment Details: Detailed payment instructions, account information, and timing requirements
2. Schedule B - Business Description: Brief description of the business being purchased to provide context
3. Schedule C - Key Terms of Business Purchase: Summary of main terms from the proposed purchase agreement
4. Schedule D - Escrow Agreement: If applicable, the terms of the escrow arrangement
5. Schedule E - Release Conditions: Detailed conditions and procedures for deposit release
6. Appendix 1 - Required Notices: Forms of notices required for deposit release or forfeiture
7. Appendix 2 - Authorization Forms: Any required authorization forms for deposit handling
Authors
Retail
Manufacturing
Professional Services
Technology
Healthcare
Hospitality
Real Estate
Construction
Transportation
Financial Services
Agriculture
Mining
Energy
Telecommunications
Entertainment
Legal
Finance
Corporate Development
Mergers & Acquisitions
Executive Leadership
Business Development
Commercial Operations
Treasury
Risk Management
Compliance
Chief Executive Officer
Chief Financial Officer
Business Development Manager
Corporate Lawyer
Legal Counsel
Mergers & Acquisitions Director
Business Broker
Commercial Director
Finance Director
Investment Manager
Corporate Secretary
Due Diligence Officer
Business Owner
Managing Director
Transaction Advisory Manager
Escrow Officer
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