Reviewing a commercial contract for a Private M&A Share Purchase — Checklist

Checklist

Checklist

Notes

Reviewed by:

It is useful to have a record of which documents have been reviewed and by whom:

• for detailing in the legal due diligence report which documents have not been reviewed or disclosed,

• for informing the partner leading the deal which individual he/she should contact regarding any questions on the review, or

• if there is further disclosure or an addendum or variation disclosed, who should review such further disclosures.

Agreement date:

Check that the 'agreement date' corresponds to the date on which the document was actually executed. Also note the date on which the agreement is signed (if different from the date of the execution) as being effective.

Duration:

Ensure that the contract has not expired. If it has, ascertain whether and on what basis the parties are continuing to interact/ perform their obligations.

Payment provisions / Consideration:

Consider if it is important for the client to know or understand the grace periods to pay invoices (if appropriate) and/or whether any letters of credit/bank guarantees need to be in place.

Change of control provisions: