Pre Sale Agreement Template for Denmark

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Key Requirements PROMPT example:

Pre Sale Agreement

Document background
A Pre Sale Agreement is utilized when parties have reached preliminary agreement on a sale transaction but require a formal framework before proceeding to the final sale agreement. This document is particularly relevant in complex transactions where due diligence is required, or where certain conditions need to be met before the sale can be completed. Under Danish law, it creates binding obligations while allowing flexibility for the parties to address contingencies and establish clear parameters for moving forward. The agreement typically includes essential terms such as purchase price, payment structure, conditions precedent, due diligence rights, and timeline for completion, while ensuring compliance with Danish legal requirements including the Sale of Goods Act, Contracts Act, and where applicable, specific sector regulations.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, registration numbers (if companies), and addresses

2. Background: Context of the pre-sale agreement, including brief description of the subject matter and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Subject Matter of Sale: Detailed description of the goods/property to be sold

5. Purchase Price: The agreed purchase price, payment terms, and any deposits or installments

6. Conditions Precedent: Any conditions that must be fulfilled before the final sale agreement becomes binding

7. Timeline and Closing: Timeline for the transaction and conditions for closing the final sale

8. Due Diligence: Rights and process for buyer's investigation of the subject matter

9. Representations and Warranties: Statements of fact and promises made by both parties

10. Termination: Circumstances under which either party may terminate the pre-sale agreement

11. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes

12. Signatures: Execution blocks for all parties

Optional Sections

1. Confidentiality: Terms regarding confidential information - include when sensitive business information is involved

2. Exclusivity: Seller's commitment not to negotiate with other parties - include when buyer requires exclusive negotiation rights

3. Break Fee: Compensation if either party withdraws - include in high-value transactions

4. Force Majeure: Provisions for unforeseen circumstances - include for longer-term pre-sale agreements

5. Assignment: Rights to transfer the agreement - include when either party might need to transfer rights

6. Specific Performance: Right to demand completion - include for unique subject matters

7. Tax Provisions: Specific tax considerations - include when tax implications are significant

8. Environmental Provisions: Environmental requirements and warranties - include for real estate or industrial assets

Suggested Schedules

1. Asset Schedule: Detailed list and description of assets included in the sale

2. Price Calculation: Detailed breakdown of the purchase price and any adjustments

3. Due Diligence Checklist: List of documents and information to be provided during due diligence

4. Timeline Schedule: Detailed timeline with key dates and milestones

5. Form of Final Sale Agreement: Draft or key terms of the final sale agreement

6. Required Consents: List of third-party consents required for the transaction

Authors

Relevant Industries
Relevant Teams
Relevant Roles
Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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