SHARE PURCHASE AGREEMENT (SPA)
This Agreement is made on [Date] between [Seller] and [Purchaser]
- Parties. This Share Purchase Agreement is executed between [Seller], [Address] (the "Seller") and [Purchaser], [Address] (the "Purchaser") in respect of shares of [Company Name].
- Recitals. The Seller owns the Sale Shares and has agreed to sell, and the Purchaser to purchase, the same on the terms herein.
- Sale Shares & Consideration. The Seller shall sell [__] equity shares (the "Sale Shares") for a total consideration of Rs. [Amount], with the transfer effective [Effective Date].
- Conditions Precedent. Completion is conditional upon board/shareholder approvals, regulatory consents and satisfactory due diligence being obtained on or before the Long Stop Date.
- Completion & Obligations. On Completion, the Seller shall deliver duly executed share transfer forms (SH-4) and the Purchaser shall pay the consideration.
- Title. The Seller warrants full legal and beneficial title to the Sale Shares, free from all liens, charges and encumbrances.
- Representations & Warranties. The Seller gives the warranties in Schedule I as to the Company's affairs, accounts, taxes, litigation and compliance.
- Indemnity. The Seller shall indemnify the Purchaser against loss arising from breach of warranty or undisclosed liability, subject to the agreed caps and time limits.
- Confidentiality. The parties shall keep the terms of this Agreement and the transaction confidential save as required by law.
- Non-Compete. The Seller shall not compete with the Company's business for [__] months from Completion within [Territory].
- Term & Termination. This Agreement may be terminated if conditions precedent are not satisfied by the Long Stop Date, without prejudice to accrued rights.
- Governing Law & Jurisdiction. This Agreement is governed by the laws of India and subject to the jurisdiction of courts at [City].
- Dispute Resolution. Disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, seated at [City].
IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above.
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[Seller]
[Seller]
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[Purchaser]
[Purchaser]
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Witness 1: [Name & Address]
Witness 1: [Name & Address]
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Witness 2: [Name & Address]
Witness 2: [Name & Address]