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Disability Buy Sell Agreement
"Need a Disability Buy-Sell Agreement for our three-partner dental practice in Ontario, with specific provisions for partial disability and a requirement that disability insurance coverage must be at least 75% of each partner's annual income."
1. Parties: Identification of all business owners/partners who are party to the agreement
2. Background: Context of the business relationship and purpose of the agreement
3. Definitions: Key terms including 'Disability', 'Triggering Event', 'Purchase Price', 'Business Interest'
4. Disability Trigger Events: Specific conditions that constitute a disability event activating the agreement
5. Purchase and Sale Obligations: Mandatory obligations to buy/sell upon disability trigger
6. Valuation Method: Agreed method for determining business interest value
7. Payment Terms: Structure and timing of payment for purchased interests
8. Insurance Provisions: Requirements for disability insurance policies and proceeds
9. Notice Requirements: Procedures for notifying parties of disability events
10. Representations and Warranties: Standard business and legal assurances from all parties
11. General Provisions: Standard clauses including governing law, amendments, notices
12. Execution: Signature blocks and execution requirements
1. Cross-Purchase vs. Entity Purchase: Used when specifying whether remaining owners or the company itself will purchase the disabled owner's interest
2. Partial Disability Provisions: Include when parties want to address temporary or partial disability scenarios
3. Right of First Refusal: Optional provision giving certain parties priority in purchasing disabled owner's interest
4. Alternative Dispute Resolution: Include when parties prefer specific dispute resolution procedures
5. Family Member Provisions: Used when family members may have special rights or restrictions
6. Competing Business Restrictions: Include when restricting disabled owner's future business activities
7. Tax Allocation Provisions: Used when specific tax treatment is desired for the transaction
1. Schedule A - Insurance Policies: Details of required disability insurance policies including carriers, policy numbers, and coverage amounts
2. Schedule B - Valuation Formula: Detailed methodology for calculating business value
3. Schedule C - Current Business Interests: Current ownership percentages and share details
4. Schedule D - Purchase Price Adjustment: Formula for adjusting purchase price based on specific circumstances
5. Appendix 1 - Medical Evaluation Standards: Criteria for medical determination of disability
6. Appendix 2 - Sample Disability Notice: Template for formal disability notification
7. Appendix 3 - Transfer Documents: Forms required for transferring business interests
Authors
Professional Services
Medical Practices
Legal Practices
Accounting Firms
Engineering Firms
Manufacturing
Retail
Technology
Construction
Real Estate
Consulting Services
Family Businesses
Legal
Finance
Executive Leadership
Risk Management
Corporate Governance
Business Development
Insurance
Compliance
Treasury
Business Owner
Managing Partner
CEO
CFO
Corporate Lawyer
Insurance Broker
Risk Manager
Business Valuator
Financial Advisor
Corporate Secretary
Managing Director
Partner
Shareholder
Board Member
General Counsel
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