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Business Broker Listing Agreement
"I need a Business Broker Listing Agreement for my manufacturing company in Munich, with exclusive representation rights for 12 months starting March 2025, including a tiered commission structure and comprehensive marketing services."
1. Parties: Identification of the business broker and the business owner/seller, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including brief description of the business being listed and the broker's general role
3. Definitions: Key terms used throughout the agreement, including 'Business', 'Listing Period', 'Commission', 'Qualified Buyer'
4. Appointment and Scope: Terms of the broker's appointment and detailed scope of services to be provided
5. Broker's Rights and Obligations: Detailed responsibilities of the broker, including marketing efforts, buyer screening, and negotiation authority
6. Owner's Rights and Obligations: Business owner's responsibilities, including information provision, cooperation requirements, and maintenance of business conditions
7. Confidentiality: Confidentiality obligations regarding business information, including handling of sensitive data and GDPR compliance
8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission earning
9. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
10. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for dispute resolution
1. Exclusivity Provisions: Used when the agreement is exclusive, detailing the terms of exclusive representation and any carve-outs
2. Post-Termination Rights: Added when protection period for broker's rights after termination is needed, particularly for ongoing negotiations
3. Marketing Budget and Expenses: Included when specific marketing commitments and expense arrangements need to be detailed
4. Due Diligence Support: Added when broker will play a significant role in facilitating due diligence process
5. Success Fee Structure: Used when implementing a tiered or performance-based commission structure
1. Schedule 1: Business Description: Detailed description of the business, including assets, operations, and key financial metrics
2. Schedule 2: Commission Calculation: Detailed methodology for calculating commission, including examples and special situations
3. Schedule 3: Marketing Plan: Outline of proposed marketing activities, timelines, and responsibilities
4. Schedule 4: Confidentiality Terms: Detailed confidentiality and non-disclosure provisions, including GDPR compliance measures
5. Appendix A: Required Documentation: List of documents and information the owner must provide to the broker
6. Appendix B: Broker's Credentials: Broker's licenses, certifications, and relevant professional qualifications
Authors
Business
Business Information
Broker
Commission
Confidential Information
Effective Date
Exclusivity Period
Intellectual Property Rights
Listing Period
Marketing Materials
Owner
Personal Data
Protection Period
Qualified Buyer
Sale Price
Services
Success Fee
Target Price
Term
Territory
Transaction
Due Diligence Materials
Handelsgesetzbuch
Broker's License
Permitted Recipients
Purchase Agreement
Closing
Material Change
Net Sale Proceeds
Authorization
Broker Services
Commission
Confidentiality
Data Protection
Definitions
Due Diligence
Exclusivity
Expenses
Force Majeure
Governing Law
Indemnification
Information Provision
Intellectual Property
Limitation of Liability
Marketing Authorization
Non-Circumvention
Notices
Owner Obligations
Payment Terms
Representations and Warranties
Severability
Success Fee
Term and Termination
Third Party Rights
Variation
Waiver
Business Services
Professional Services
Manufacturing
Retail
Hospitality
Technology
Healthcare
Real Estate
Construction
Distribution
Automotive
Food & Beverage
Industrial Services
Transportation & Logistics
Legal
Finance
Mergers & Acquisitions
Corporate Development
Business Development
Executive Leadership
Operations
Compliance
Strategy
Administrative
CEO
Business Owner
Managing Director
Business Broker
M&A Director
Chief Financial Officer
Corporate Lawyer
Business Development Manager
Investment Banker
Company Secretary
Commercial Director
Operations Director
Strategy Director
Exit Planning Advisor
Compliance Officer
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