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AUCTION SERVICES AGREEMENT THIS agreement is entered into between ___, hereinafter \\\"Company\\\" and ___, hereinafter \\\"Owner\\\". Company and Owner do hereby covenant, contract and agree as follows: 1. Owner
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An asset purchase agreement (APA) is an agreement between a buyer and a seller that finalizes terms and conditions related to the purchase and sale of a company's assets. ... These assets are itemized in a schedule to the APA. The buyer in a SPA is purchasing shares of the company.

Provisions of an APA may include payment of purchase price, monthly installments, liens and encumbrances on the assets, condition precedent for the closing, etc. An APA differs from a stock purchase agreement (SPA) where company shares, title to assets, and title to liabilities are also sold.

Buyer's agreement of confidentiality between contract and closing, and restrictive covenants if the transaction does not close for any reason. Bank check or wire at closing. Hold back held in attorney escrow account.

In an asset purchase, the buyer agrees to purchase specific assets and liabilities. This means that they only take on the risks of those specific assets. This could include equipment, fixtures, furniture, licenses, trade secrets, trade names, accounts payable and receivable, and more.

With an asset purchase, the seller must realize capital gains or loss on the assets sold. The buyer gets a corresponding tax benefit in the form of a stepped-up tax basis for the assets purchased, allowing the buyer to take larger amounts of depreciation allowances in the future than would otherwise be possible.

The buyer's draft of the purchase agreement should accurately describe what is actually being purchased by the buyer (the specific assets in an asset deal or the stock or other ownership interests in a stock deal) and those assets or liabilities being retained by the seller, if any.

An asset purchase involves the purchase of the selling company's assets -- including facilities, vehicles, equipment, and stock or inventory. A stock purchase involves the purchase of the selling company's stock only.

An asset purchase of a business is one of three ways to structure a company's acquisition. A statutory merger, which is also called a share exchange, and buying the shares from current shareholders are the other two company acquisition methods.

An asset sale is a non recourse cash sale of assets from a bank or government agency to a third party. The purpose of an asset sale is generally to increase cash flow, reduce bad debt risk and liquidation of assets.

An asset purchase requires the sale of individual assets. A share purchase requires the purchase of 100 percent of the shares of a company, effectively transferring all of the company's assets and liabilities to the purchaser.