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Waiver Agreement Of Purchase And Sale Template for Malaysia

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Key Requirements PROMPT example:

Waiver Agreement Of Purchase And Sale

"I need a Waiver Agreement of Purchase and Sale for a Malaysian manufacturing facility purchase where the seller has agreed to waive the due diligence period requirement and proceed directly to completion by March 2025."

Document background
The Waiver Agreement of Purchase and Sale is a crucial legal instrument in Malaysian commercial transactions where parties need to formally modify their original contractual obligations. This document is typically used when one or both parties wish to forgo certain rights, conditions, or requirements that were initially agreed upon in a purchase and sale agreement. Common scenarios include waiving due diligence conditions, extending completion deadlines, or modifying payment terms. The agreement must comply with Malaysian contract law principles, particularly the Contracts Act 1950, and requires proper documentation of the parties' intention to waive specific provisions while maintaining the validity of the remaining agreement terms. It's essential in various commercial contexts, from real estate transactions to business asset sales, and provides legal certainty while managing risk for all parties involved.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers for companies, and addresses

2. Background: Context of the original purchase and sale agreement and circumstances leading to the waiver

3. Definitions: Definitions of key terms used in the agreement, including reference to the original purchase and sale agreement

4. Waiver Declaration: Clear statement of the specific rights, conditions, or obligations being waived

5. Scope of Waiver: Detailed description of what is included and excluded from the waiver

6. Consideration: Statement of consideration (if any) being provided for the waiver

7. Effect of Waiver: Legal implications and consequences of the waiver

8. Representations and Warranties: Confirmations from parties regarding their authority and understanding of the waiver

9. Governing Law: Specification of Malaysian law as governing law and jurisdiction

10. Execution: Signature blocks and execution formalities

Optional Sections

1. Conditions Precedent: Any conditions that must be met before the waiver becomes effective - include if waiver is conditional

2. Time Limits: Include if the waiver is temporary or has specific time constraints

3. Reservation of Rights: Include if certain rights are being preserved despite the waiver

4. Related Party Consent: Include if third party consents are required for the waiver

5. Confidentiality: Include if the waiver contains sensitive information that needs to be kept confidential

6. Notices: Include if ongoing communications are required between parties regarding the waiver

Suggested Schedules

1. Original Purchase and Sale Agreement: Copy or extract of the relevant parts of the original agreement being waived

2. Waived Conditions: Detailed list of specific conditions or requirements being waived

3. Corporate Authorizations: Copies of board resolutions or other corporate approvals authorizing the waiver

4. Related Correspondence: Relevant correspondence or notices related to the waiver decision

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















Clauses

























Relevant Industries

Real Estate

Manufacturing

Retail

Construction

Agriculture

Technology

Financial Services

Energy

Mining

Hospitality

Healthcare

Industrial

Relevant Teams

Legal

Compliance

Commercial

Procurement

Finance

Risk Management

Corporate Secretarial

Business Development

Real Estate

Operations

Relevant Roles

Legal Counsel

Contract Manager

Commercial Director

Chief Legal Officer

Business Development Manager

Procurement Manager

Company Secretary

Compliance Officer

Risk Manager

Chief Financial Officer

Property Manager

Asset Manager

Transaction Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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