Insights

It never hurts to take a look at the assets after the deal is closed.

Purchasers and their financers will require satisfactory inspection reports as a condition for closing the transaction. An asset purchase agreement should include clear procedures for inspection, and clear standards for determining whether the inspected assets comply with the terms of the agreement.

22 different convenience stores were sold to a restaurant business in North Dakota, pursuant to an asset purchase agreement. The acquisition was subject to certain regulatory approvals and other customary closing conditions, including the receipt of satisfactory inspection reports related to the stores.

Read the article here.

Takeaway:

  • The inspection of assets that are the subject of an asset purchase agreement may often determine whether the asset purchase agreement comes to fruition.
  • While this underlying post does not add any substantive information, it's a good example of the extra care that most buyers would want to include when acquiring assets - whether it is a chain of convenience stores, or otherwise.
  • A residential home-buyer would often also require a home inspection prior to closing, but as you can see here, it is also possible to negotiate a post-closing inspection of the assets that are being purchased.
  • Asset Purchase Agreement
  • Inspection
  • Commercial Activities

This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk.

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