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Right Of First Refusal Agreement

Right Of First Refusal Agreement Template for Switzerland

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Key Requirements PROMPT example:

Right Of First Refusal Agreement

"I need a Right of First Refusal Agreement under Swiss law for a commercial property in Zurich, where my company will have the first right to purchase the adjacent warehouse unit if the current owner decides to sell within the next 5 years, with a 30-day exercise period."

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Document background
The Right of First Refusal Agreement is a strategic legal instrument commonly used in Swiss business and property transactions to provide preferential rights to specific parties. This document is particularly valuable when parties wish to maintain control over future ownership or participation in assets, whether they be real estate, company shares, or other valuable properties. Under Swiss law, these agreements must comply with the Swiss Code of Obligations and, where applicable, cantonal property laws and commercial registry requirements. The agreement becomes especially relevant in scenarios involving family businesses, joint ventures, commercial property dealings, or corporate shareholdings, where maintaining control over who can acquire certain rights or assets is crucial. The document typically includes detailed mechanisms for notification of third-party offers, timeframes for exercising the right, and specific procedures for completing the transaction, all while ensuring alignment with Swiss legal requirements and business practices.
Suggested Sections

1. Parties: Identification and details of the grantor (rights holder) and grantee (recipient of the right of first refusal)

2. Background: Context of the agreement, relationship between parties, and purpose of granting the right of first refusal

3. Definitions: Definitions of key terms used throughout the agreement, including 'Subject Matter', 'Offer', 'Exercise Period', etc.

4. Grant of Right: Clear statement of the right of first refusal being granted and its scope

5. Subject Matter: Detailed description of the asset(s) subject to the right of first refusal

6. Exercise Procedure: Step-by-step process for how the right of first refusal is triggered and exercised

7. Notice Requirements: Specifications for how and when notices must be given regarding third-party offers and exercise of rights

8. Purchase Price and Payment Terms: How the purchase price will be determined and payment conditions

9. Duration and Termination: Term of the agreement and circumstances under which it may be terminated

10. Assignment and Transferability: Whether and how the rights can be assigned or transferred to other parties

11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

12. Miscellaneous: Standard provisions including severability, entire agreement, amendments, etc.

Optional Sections

1. Real Estate Provisions: Additional provisions specific to real estate transactions, including land registry requirements and Lex Koller compliance

2. Corporate Rights: Specific provisions when the right involves company shares or other corporate rights

3. Tag-Along Rights: Additional rights allowing the holder to join in a sale to a third party

4. Drag-Along Rights: Rights requiring the holder to join in a sale under certain circumstances

5. Valuation Mechanism: Detailed procedures for determining fair market value if not based on third-party offer

6. Competition Restrictions: Non-compete or other restrictive covenants related to the subject matter

7. Tax Provisions: Specific provisions addressing tax implications and responsibilities

8. Confidentiality: Provisions regarding confidentiality of the agreement and related information

Suggested Schedules

1. Schedule 1 - Asset Description: Detailed description of the asset(s) subject to the right of first refusal

2. Schedule 2 - Notice Forms: Template forms for various required notices (offer notice, exercise notice, etc.)

3. Schedule 3 - Valuation Methodology: Detailed procedures and formulas for determining asset value if applicable

4. Schedule 4 - Required Representations: List of required representations and warranties for transfer

5. Appendix A - Corporate Documents: Relevant corporate documents if the agreement involves company shares

6. Appendix B - Property Documents: Relevant property documents if the agreement involves real estate

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses
































Relevant Industries

Real Estate

Commercial Property

Manufacturing

Retail

Technology

Professional Services

Agriculture

Mining

Energy

Financial Services

Family Business

Private Equity

Venture Capital

Construction

Hospitality

Relevant Teams

Legal

Real Estate

Corporate Development

Mergers & Acquisitions

Commercial

Business Development

Investment

Property Management

Compliance

Corporate Secretariat

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Corporate Lawyer

Real Estate Manager

Property Director

Business Development Manager

Investment Manager

Mergers & Acquisitions Director

Commercial Director

Contract Manager

Company Secretary

Real Estate Lawyer

Business Owner

Partnership Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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