Russell Advocaten specializes in drafting various types of contracts (agreements), as well as in handling issues arising from the conclusion and non-performance of contracts (agreements).
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Russell Advocaten is a member of the Koninklijke Vereeniging ‘Handelsrecht’ (Royal Commercial Law Society).
An earn-out in the event of a company takeover offers opportunities and risks. The former director and major shareholder remains involved in the company and part of the purchase price remains dependent on future performance. What aspects are important here?
In principle, a continuing performance agreement can always be terminated, even if no arrangements have been made in this regard. But you can’t just do it. What do you need to take into account when terminating the agreement? And what if you want to deviate from the arrangements made about terminating the agreement?
If a contract has ended, there may still be obligations you want your contract partner to fulfil, such as warranties or confidentiality. You can regulate this through survival clauses. What should you look out for when including such clauses?
