The Business Opportunity Purchase And Sale Agreement is essential when transferring rights to business concepts, systems, or opportunities in the United States. This document is particularly important given the strict regulatory environment surrounding business opportunity sales, including FTC requirements and state-specific regulations. It provides comprehensive documentation of the transaction terms, protections for both parties, and ensures compliance with applicable laws. The agreement typically includes detailed disclosures about the business opportunity, earning potential, and any promises or claims made during the sale process. It's particularly relevant when selling franchise-like operations, distribution rights, or other business systems that promise income-generating opportunities.
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1. Parties: Identification of seller and purchaser with full legal names and addresses
2. Background: Context of the transaction and brief description of the business opportunity
3. Definitions: Key terms used throughout the agreement
4. Purchase and Sale: Core transaction terms including price and what is being sold
5. Payment Terms: Details of payment structure, timing, and method
6. Closing: Conditions and mechanics of closing the transaction
7. Representations and Warranties: Statements of fact by both parties about the business and transaction
8. Covenants: Ongoing obligations of the parties
1. Training and Support: Details of any training or support provided by seller - include when seller agrees to provide post-sale support
2. Non-Competition: Restrictions on seller's future competitive activities - include when protecting the purchased business from seller competition
3. Earnout Provisions: Structure for additional payments based on future performance - include when part of purchase price is contingent on future performance
1. Asset Schedule: Detailed list of assets included in the sale
2. Financial Statements: Historical financial information about the business
3. Customer Lists: List of current customers and their details
4. Contracts Schedule: List of contracts being assigned or assumed
5. Disclosure Schedule: Exceptions to representations and warranties
6. FTC Disclosure Document: Required federal disclosures for business opportunity sales
Relevant legal definitions
Agreement
Business Opportunity
Closing
Closing Date
Confidential Information
Contracts
Effective Date
Encumbrances
Earnout Period
FTC
Governmental Authority
Intellectual Property Rights
Knowledge
Laws
Liabilities
License
Material Adverse Effect
Operating Territory
Purchase Price
Purchased Assets
Representatives
Required Consents
Seller's Business
Systems
Tax
Taxes
Training Period
Transaction Documents
Transfer
Working Day
Business Opportunity
Closing
Closing Date
Confidential Information
Contracts
Effective Date
Encumbrances
Earnout Period
FTC
Governmental Authority
Intellectual Property Rights
Knowledge
Laws
Liabilities
License
Material Adverse Effect
Operating Territory
Purchase Price
Purchased Assets
Representatives
Required Consents
Seller's Business
Systems
Tax
Taxes
Training Period
Transaction Documents
Transfer
Working Day
Clauses
Purchase and Sale
Consideration
Payment Terms
Representations and Warranties
Closing Conditions
Due Diligence
Transfer of Assets
Intellectual Property
Confidentiality
Non-Competition
Non-Solicitation
Training and Support
Territory Rights
Regulatory Compliance
Assignments
Indemnification
Default and Termination
Force Majeure
Dispute Resolution
Governing Law
Notices
Amendments
Entire Agreement
Severability
Survival
Further Assurances
Assignment and Succession
Third Party Rights
Expenses
Counterparts
Consideration
Payment Terms
Representations and Warranties
Closing Conditions
Due Diligence
Transfer of Assets
Intellectual Property
Confidentiality
Non-Competition
Non-Solicitation
Training and Support
Territory Rights
Regulatory Compliance
Assignments
Indemnification
Default and Termination
Force Majeure
Dispute Resolution
Governing Law
Notices
Amendments
Entire Agreement
Severability
Survival
Further Assurances
Assignment and Succession
Third Party Rights
Expenses
Counterparts
Relevant Industries
Relevant Teams
Relevant Roles
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