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What is a Registration Rights Agreement? In the United States, shares must be registered with the SEC before they can be sold to the public In turn, it is impossible to register shares without the company preparing a registration statement and, along with a prospectus, filing said statement with the Securities Exchange Commission How To Construct A Receivables Transfer Agreement As a method of raising capital or collecting cash, a company may sell their customer’s debt owed to them by transferring their Accounts Receivable to another party in exchange for a payment of some kind The first paragraph of a Receivables Transfer Agreement should define the accounts receivable that will be assigned Intellectual Property Agreement An Intellectual Property Agreement (”IP Agreement”), also called an Intellectual Property Transfer Agreement or Intellectual Property Assignment Agreement, consummates and formalizes an agreement between two companies for the purchase and sale of intellectual property rights The Intellectual Property being purchased can consist of copyrights, trademarks, moral rights, and/or patents What Are Employee Retention Agreements? An Employee Retention Agreement is a legal contract entered into by an employer and a key employee whose services the company desires to retain When employees know that their company might be acquired, they understand that their employment security may be in danger Keys To Drafting Internet Advertising Agreements Ever since the Internet came of age in the mid 1990s, advertising deals have become extremely common As we all know, companies advertise on the Internet through the usage of banners and through search engines such as Yahoo and Google in an effort to drive users to their websites Crash Course on Trademark License Agreements Properly thought out and managed trademark license arrangements can be win-win opportunities for all parties, including the public The document that goes a long way toward realizing this opportunity is the trademark license agreement What is an Engagement Agreement? An engagement agreement is a written agreement in which two parties contract for the provision of goods and/or services One party provides the good or service, the other party receives and pays for it Motion Picture Distribution Agreements This article will cover the key provisions of an agreement to distribute filmed entertainment, usually made between a producer or licensor ("Producer") of a motion picture and a distributor ("Distributor") These agreements are critical to the process of filmmaking; without them, films would not be viewed by the public Keys To Drafting Internet Advertising Agreements Ever since the Internet came of age in the mid 1990s, advertising deals have become extremely common As we all know, companies advertise on the Internet through the usage of banners and through search engines such as Yahoo and Google in an effort to drive users to their websites Understanding Settlement Agreements A Settlement Agreement is a legal contract effectuating a compromise between two parties, who agree to settle their disputes between them rather than resort to litigation A Settlement Agreement usually contains a General and Mutual Release of All Claims, meaning that both parties release the other from any past, present, or future liability arising out of the events that led to the Settlement Agreement What Are Novation Agreements? A well-drafted Novation Agreement must clearly define the Assignor, the Assignee, the contract at issue for which the Assignee is substituting in for the Assignor, and all other conditions and terms relative to the novation This first paragraph must expressly state that the Assignor hereby assigns, transfers, conveys and delivers to Assignee, effective as of a certain date ("the Effective Date") Assignor's right, title and interest in, to and under the Assets, subject to any existing liens and encumbrances on the Assets in favor of third-party arising under the terms of the Contract, but free and clear of all other liens and encumbrances Joint Venture Agreements: Key Drafting Issues The key provisions in any JV include: (1) Clearly defined business objectives; (2) The degree of participation and the management roles of each joint venturer in the business; (3) Contribution of capital and ownership rights to property / division of the profits and losses; (4) A dispute mechanism to avoid management impasses that may produce deadlock or litigation; (5) Termination/liquidation of the JV and the buy-out provisions; (6) Confidentiality; and (7) Indemnification Security Agreements: Getting Down to Brass Tacks Without a security agreement, it is improbable that individuals or businesses would be able to borrow much money, for interest rates would be prohibitively high Security agreements allow for the free flow of credit and capital by assuring lenders that they will be repaid on the loans they make Forbearance Agreements It happens from time to time that even good credit risks have trouble repaying their debts Serious illness, unemployment, a family emergency-each, when it occurs with a disquieting lack of notice, can wipe out savings and take a toll in other ways, as well The Purpose of Exclusivity Agreements Exclusivity agreements, because they are present in a number of different areas of the law, come in a variety of forms and are designed to meet a range of goals The overriding purpose of each exclusivity agreement is, however, to define a relationship in which (generally) two parties agree to deal only with one another, to the exclusion of third parties What Is A Real Estate Option Agreement? If you are a sports fan, you have likely heard of option agreements as part of a professional athletes’ contract with his or her current team The world of real estate has option agreements, as well What Is A Real Estate Right Of Refusal Agreement? It is no secret that the world of real estate legal wrangling can be pretty confusing, especially if you aren’t an experienced legal expert Many different types of contracts only differ by a small amount, such as the difference between a real estate option contract and a right of first refusal contract Drafting 101 — A Lawyer’s Guide To Drafting An Enforceable Promissory Note In it simplest terms, a promissory note is a written promise to repay a loan or debt under specific terms - usually at a stated time, through a specified series of payments, or upon demand A promissory note will clearly identify the parties, the amount of the obligation, and if necessary, the consideration for the obligation, that is, what the debtor has already received or will receive in return for signing the note Contracts For Deed: An Explanation And General Overview A contract for deed, also known as “land contract”, is a legal agreement between a buyer and seller of real property, whereby the seller immediately transfers equitable title to the buyer but retains legal title, agreeing to transfer legal title to the property only after the buyer has paid the full purchase price What Is A Promissory Note While the idea of promissory note has likely been around since the advent of currency (if not before), the promissory note itself dates from about the 10th century The promissory note has changed little in a millennium
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