Canada:
Firewalls: Protecting The Proceeds From Your Business Sale Transaction
07 January 2020
Clark Wilson LLP
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Many business owners make the mistake of thinking that the only
objective of a seller of a business is to get as much money as
possible on closing. While getting a high price is one thing,
that's no solace if the purchaser is able to claw some or all
of it back after the sale.
An important role for the seller's lawyer is to build legal
"firewalls" to stop the purchaser from doing this. In
this report, I will discuss the different kinds of claw back
language that can be inserted in the sale contract, and how your
lawyer can build firewalls against the claw back of the sale
proceeds.
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The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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