The Agreement For Sale And Agreement To Sell is a comprehensive legal instrument used in the United States when parties need to document both immediate and future sale arrangements. This dual-purpose contract is particularly useful in complex transactions where certain aspects of the sale are immediate while others are contingent on future events or conditions. It combines elements of a present sale with a forward-looking agreement, making it suitable for staged transactions, property developments, or large-scale commercial deals. The document must comply with federal regulations, state-specific contract laws, and the Uniform Commercial Code.
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1. Parties: Identification and details of the seller and buyer
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of goods/property being sold
5. Purchase Price: Amount and payment terms
6. Delivery Terms: Timing and method of delivery
7. Representations and Warranties: Statements of fact and guarantees by both parties
8. Governing Law: Applicable jurisdiction and law
9. Signature Block: Execution provisions and date
1. Conditions Precedent: Prerequisites to be met before completion - used for complex transactions with multiple dependencies
2. Due Diligence: Investigation and verification procedures - used for high-value or complex asset sales
3. Financing Terms: Details of payment installments or financing arrangements - used when payment is not immediate or full
1. Schedule A - Asset Description: Detailed specification of goods/property being sold
2. Schedule B - Purchase Price Breakdown: Itemized pricing and payment schedule
3. Schedule C - Due Diligence Requirements: List of documents and verifications required
4. Schedule D - Existing Encumbrances: List of any liens, mortgages, or other encumbrances
Relevant legal definitions
Agreement
Asset(s)
Business Day
Closing
Closing Date
Completion
Conditions Precedent
Confidential Information
Consideration
Deposit
Effective Date
Encumbrances
Force Majeure
Governing Law
Intellectual Property Rights
Liabilities
Material Adverse Change
Notice
Parties
Property
Purchase Price
Purchaser
Related Agreements
Seller
Signing Date
Term
Territory
Title Documents
Transaction
Transfer
Warranties
Asset(s)
Business Day
Closing
Closing Date
Completion
Conditions Precedent
Confidential Information
Consideration
Deposit
Effective Date
Encumbrances
Force Majeure
Governing Law
Intellectual Property Rights
Liabilities
Material Adverse Change
Notice
Parties
Property
Purchase Price
Purchaser
Related Agreements
Seller
Signing Date
Term
Territory
Title Documents
Transaction
Transfer
Warranties
Clauses
Subject Matter of Sale
Purchase Price
Payment Terms
Delivery
Title and Risk
Conditions Precedent
Representations and Warranties
Due Diligence
Seller's Obligations
Buyer's Obligations
Completion
Transfer of Ownership
Warranties
Insurance
Indemnification
Force Majeure
Confidentiality
Assignment
Termination
Default and Remedies
Notices
Governing Law
Jurisdiction
Dispute Resolution
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Costs and Expenses
Counterparts
Survival
Purchase Price
Payment Terms
Delivery
Title and Risk
Conditions Precedent
Representations and Warranties
Due Diligence
Seller's Obligations
Buyer's Obligations
Completion
Transfer of Ownership
Warranties
Insurance
Indemnification
Force Majeure
Confidentiality
Assignment
Termination
Default and Remedies
Notices
Governing Law
Jurisdiction
Dispute Resolution
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Costs and Expenses
Counterparts
Survival
Relevant Industries
Relevant Teams
Relevant Roles
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