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Exclusive Option Agreement
"I need an Exclusive Option Agreement under Indian law for a commercial property purchase in Mumbai, with a 6-month option period starting March 1, 2025, and including detailed due diligence provisions."
1. Parties: Identification of the option grantor and grantee with full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the option arrangement
3. Definitions: Key terms used throughout the agreement including Option, Option Period, Exercise Price, Subject Matter
4. Grant of Option: Clear statement of the exclusive option being granted, including its scope and nature
5. Option Period: Duration of the option, including start date and expiration date
6. Consideration: Option fee or other consideration paid for the exclusive option right
7. Exercise of Option: Mechanism and process for exercising the option, including notice requirements
8. Exercise Price: Amount payable upon exercise of the option and payment terms
9. Exclusivity Obligations: Grantor's obligations regarding exclusivity and restrictions during the option period
10. Representations and Warranties: Standard representations about authority, ownership, and capacity
11. Confidentiality: Obligations regarding confidential information shared during the option period
12. Termination: Circumstances under which the agreement can be terminated before option exercise
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Due Diligence: Rights and process for conducting due diligence, used when option involves complex assets
2. IP Rights: Special provisions for intellectual property rights, used when option involves IP assets
3. Real Estate Provisions: Special provisions for property transfer, used when option involves real estate
4. Regulatory Approvals: Requirements for obtaining regulatory approvals, used when subject to regulatory oversight
5. Employee/Management Provisions: Special provisions for business operations, used when option involves business acquisition
6. Tax Provisions: Special tax considerations and allocations, used when tax implications are significant
7. Competition Restrictions: Additional non-compete provisions, used when competitive concerns are significant
1. Schedule 1 - Subject Matter Description: Detailed description of the asset, right, or business subject to the option
2. Schedule 2 - Option Exercise Notice: Form of notice to be used when exercising the option
3. Schedule 3 - Consideration and Payment Terms: Detailed breakdown of option fee and exercise price calculations
4. Schedule 4 - Due Diligence Requirements: List of documents and information to be provided for due diligence
5. Schedule 5 - Completion Obligations: Actions required by each party upon exercise of the option
6. Appendix A - Required Consents: List of third-party or regulatory consents required
7. Appendix B - Encumbrances: List of any existing encumbrances on the subject matter
Authors
Real Estate
Technology
Media & Entertainment
Manufacturing
Retail
Pharmaceuticals
Mining & Natural Resources
Agriculture
Telecommunications
Financial Services
Energy & Utilities
Legal
Corporate Development
Mergers & Acquisitions
Business Development
Finance
Risk & Compliance
Property
Commercial
Operations
Company Secretarial
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
General Counsel
Legal Director
Corporate Counsel
Business Development Director
Mergers & Acquisitions Director
Property Director
Investment Manager
Commercial Director
Operations Director
Company Secretary
Legal Manager
Contract Manager
Risk Manager
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