M&A Foundations · glossary

Agreed form

An agreed form document is one whose final wording the buyer and seller settle when they sign the main contract, although the document itself is signed later, usually at completion. Examples are board minutes, resignation letters and a transitional services agreement. The parties often initial each one, so nobody can argue about the wording later.

Describes a document whose final wording the parties have settled by signing, even though the document itself is signed later (board minutes, resignation letters, the announcement). Each agreed-form document is usually initialled or otherwise identified, so there is no argument afterwards about which version was agreed. SPA definition

How it comes up, in Chapter 10
…The interpretation rules beneath the definitions matter too: “including” is made non-exhaustive, and agreed form documents are defined (see section 10.4).
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Every chapter of M&A Foundations is free to read, including the full training share purchase agreement.

Questions people ask

What does agreed form mean?

That the wording is fixed now and the document will be signed later. The share purchase agreement lists the agreed form documents and says each must be delivered in that form at completion.

Why are agreed form documents initialled?

To identify the exact version both sides approved. Lawyers usually initial a copy, or agree it by email, at signing. If a different version turns up at completion, the other side can refuse it.

Related terms

Where this term lives

This term is part of one complete fictional deal, with every document attached and a test after every chapter. Open M&A Foundations → · All terms A–Z →