Broward Florida Right of First Refusal and Co-Sale Agreement

State:
Multi-State
County:
Broward
Control #:
US-TC0211A
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Description

This is a "Right of First Refusal and Co-Sale Agreement." It is entered into by the corporation and the purchasers of preferred stock. It gives the company and the purchasers of preferred stock certain rights of refusal and options upon the transfer of stock.

A Broward Florida Right of First Refusal and Co-Sale Agreement is a legal document that outlines the rights and obligations of parties involved in a real estate or business transaction. This agreement is specifically designed to protect the interests of parties in Broward County, Florida, by granting them the right to purchase or sell an asset before it is offered to third parties. The Right of First Refusal (ROAR) clause within this agreement ensures that if the owner of a property or business entity decides to sell or transfer their ownership interest, they must first provide the opportunity for the other party to exercise their right to purchase the asset on the same terms and conditions as offered by a third party. This provision gives the non-selling party the exclusive power to match the proposed offer, effectively allowing them to retain their investment in the property or business and maintain control. In Broward County, Florida, there are different types of Right of First Refusal and Co-Sale Agreements based on the specific situation and parties involved: 1. Real Estate Right of First Refusal Agreement: This type of agreement is commonly used in Broward County's real estate market. It grants a tenant, neighbor, or an interested party the first opportunity to purchase a property when the owner decides to sell. 2. Business Co-Sale Agreement: This agreement is typically utilized in the context of a business partnership or investment. It ensures that if one partner or investor receives an offer from a third party to sell their ownership interest or shares, the other parties involved have the right to sell their interests on the same terms and conditions. This provision aims to protect the existing shareholders' investment and ensure an equal opportunity for all stakeholders to participate in a sale. Both the Right of First Refusal and Co-Sale Agreement are essential legal tools in Broward County, Florida, as they promote fairness, transparency, and protect the interests of parties involved in various transactions. It is crucial to consult with a legal professional experienced in Broward County real estate and business law to draft and negotiate this agreement accurately, ensuring its enforceability in case of any disputes or transactional changes.

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FAQ

Rights of first refusal are usually requested by individuals or companies who want to see how a business or opportunity will turn out. The rights holder may prefer to get involved at a later point, rather than make the outlay and commitment right away, and a right of first refusal allows them to do so.

The co-sale right requires a shareholder (usually the founders or ordinary shareholders), before selling any ordinary shares to a third party (but after going through the ROFR), to allow Investors the opportunity to participate in the sale in proportion to the number of shares held by them.

Tag-along rights also referred to as "co-sale rights," are contractual obligations used to protect a minority shareholder, usually in a venture capital deal. If a majority shareholder sells his stake, it gives the minority shareholder the right to join the transaction and sell their minority stake in the company.

The tenant does not have to pay the landlord's costs under the right of first refusal process, whereas under the collective enfranchisement mechanism, the tenants are required to pay the landlord's reasonable legal costs and reasonable valuation fee.

The value of the right of first refusal to the holder at the time an offer was made by a third party should be the difference between the inherent value assumed by the assignee and the offering price by the third party.

The right of first refusal (ROFR) is a contractual right that can impact your business and future opportunities. Simply put, the ROFR gives the holder of the right the option to enter into a transaction before anyone else.

In a buyer's market, when homes are plentiful and prices are low, right-of-first-refusal agreements can directly benefit sellers. Since this agreement is drafted before the home hits the market, the homeowner might be able to persuade the original interested party to pay more than the home's current value.

The right of first refusal and co-sale (ROFR/Co-sale) work together to prevent a founder or major common shareholder for selling shares without the company and the investors being allowed to purchase the shares or participate in the sale of the shares.

Seller hereby grants Purchaser a right of first refusal on the Property or any portion of the Property in accordance with the terms below (Right of First Refusal).

A right of first refusal is a contractual right giving its holder the option to transact with the other contracting party before others can. The ROFR assures the holder that they will not lose their rights to an asset if others express interest.

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Right of first refusal clauses can be customized to create variations of the standard agreement. So much is going on in a real estate transaction that it can sometimes become confusing."The buildings that were built earlier or that had condos established earlier pretty much had rights of first refusal but never the right of approval. Browse 579 businesses for sale in Broward County, FL on BizBuySell. 14 Back-Up Offer Agreement Exhibit; RF 2. View some of South Florida's most luxurious properties. Luxury real estate for sale. 9M CONTRACT WITH BROWARD COLLEGE FOR IT MANAGED SERVICES Source text for Eikon: Further company coverage:

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Broward Florida Right of First Refusal and Co-Sale Agreement