California Right of First Refusal Clause

• Category: Corporations - Public - Stock Options
• State: Multi-State
• Control #: US-CC-18-360B
• Format: Word; Rich Text

Description

This sample form, a detailed Right of First Refusal document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats. The California Right of First Refusal (ROAR) Clause is a legal provision that grants a specific individual or entity the first opportunity to enter into a contract or purchase an asset before the seller can consider offers from other parties. This ensures that the holder of the ROAR privileges has the foremost chance to acquire the property or engage in a business transaction. In California, there are different types of Right of First Refusal Clauses, each catering to specific situations and needs: 1. Real Estate Right of First Refusal Clause: This clause is commonly found in real estate transactions. It grants a specified person or entity, such as a tenant or neighbor, the right to match a bona fide offer received by the seller before the seller can proceed with the sale to the prospective buyer. This empowers the holder of the ROAR to maintain their interest in the property or acquire additional adjacent space. 2. Business Right of First Refusal Clause: This variant of the ROAR Clause is often seen in business contracts, partnerships, or joint ventures. It offers a particular individual or company the opportunity to step in and purchase the business interest of another party who is looking to sell or exit the arrangement. The holder of the ROAR can match the terms of any offer or proposed sale, effectively replacing the prospective buyer. 3. Shareholder Right of First Refusal Clause: In cases where corporations or Limited Liability Companies (LCS) issue shares for sale, a shareholder ROAR Clause may be included. This clause entitles existing shareholders to the initial chance to purchase any shares that are being sold by another shareholder, preventing dilution of their ownership percentage by outside investors. It is important to note that the California ROAR Clause must be drafted carefully to comply with state and local laws. A poorly worded ROAR Clause could potentially lead to legal disputes or challenge the enforceability of the provision. Therefore, it is advisable to seek the guidance of a knowledgeable attorney specializing in real estate or business law to ensure the proper implementation of the Right of First Refusal Clause in California.

The California Right of First Refusal (ROAR) Clause is a legal provision that grants a specific individual or entity the first opportunity to enter into a contract or purchase an asset before the seller can consider offers from other parties. This ensures that the holder of the ROAR privileges has the foremost chance to acquire the property or engage in a business transaction. In California, there are different types of Right of First Refusal Clauses, each catering to specific situations and needs: 1. Real Estate Right of First Refusal Clause: This clause is commonly found in real estate transactions. It grants a specified person or entity, such as a tenant or neighbor, the right to match a bona fide offer received by the seller before the seller can proceed with the sale to the prospective buyer. This empowers the holder of the ROAR to maintain their interest in the property or acquire additional adjacent space. 2. Business Right of First Refusal Clause: This variant of the ROAR Clause is often seen in business contracts, partnerships, or joint ventures. It offers a particular individual or company the opportunity to step in and purchase the business interest of another party who is looking to sell or exit the arrangement. The holder of the ROAR can match the terms of any offer or proposed sale, effectively replacing the prospective buyer. 3. Shareholder Right of First Refusal Clause: In cases where corporations or Limited Liability Companies (LCS) issue shares for sale, a shareholder ROAR Clause may be included. This clause entitles existing shareholders to the initial chance to purchase any shares that are being sold by another shareholder, preventing dilution of their ownership percentage by outside investors. It is important to note that the California ROAR Clause must be drafted carefully to comply with state and local laws. A poorly worded ROAR Clause could potentially lead to legal disputes or challenge the enforceability of the provision. Therefore, it is advisable to seek the guidance of a knowledgeable attorney specializing in real estate or business law to ensure the proper implementation of the Right of First Refusal Clause in California.