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An acquisition contract used when one company purchases another company. An acquisition contract will include a description of the transactions, representations and warranties, conditions, covenants, termination clauses, and indemnification. There are two types of acquisition contracts.
Both terms often refer to the joining of two companies, but there are key differences involved in when to use them. A merger occurs when two separate entities combine forces to create a new, joint organization. Meanwhile, an acquisition refers to the takeover of one entity by another.
There are three basic structures we will cover here: Asset Acquisition: the buyer buys the assets of the business. Stock Purchase: the buyer buys the stock of the business. Merger: the buyer merges or ?combines? with the business.
Understanding Mergers and Acquisitions A purchase deal will also be called a merger when both CEOs agree that joining together is in the best interest of both of their companies. Unfriendly or hostile takeover deals, in which target companies do not wish to be purchased, are always regarded as acquisitions.
In a stock sale, the agreement is often called the merger agreement, while in an asset sale, it's often called an asset purchase agreement.