In the context of the negotiation of a takeover contract, the purpose of the guarantor should be to reduce losses, to obtain recovery, to identify and retain the rights of the payer and the guarantor against the debtor and the third party, to reach agreement on the effective extent of the obligations incumbent on the guarantor towards the debtor and to define the contractual conditions; who regulate the work. In addition, when reviewing and negotiating its acquisition contract, the surety should endeavour to determine whether the owner has fully fulfilled all the obligations owed to the surety and the original contractor. Each of these issues is of different importance to the different parties involved. Below is a brief summary and checklist of the most relevant topics for each of the parties to a takeover contract. This article explains the issues that an owner, lender, completion contractor, and guarantor should consider when establishing a trade-in agreement. Although each of these four main parties shares the fundamental objective of completing the project in a timely and efficient manner, each party has different interests to protect. As in any negotiation process, each party must be ready to give and take in the name of a compromise. There are certain factors that each party must carefully consider and evaluate when negotiating the terms of an acquisition contract. The end contractor should pay particular attention to the following points when considering becoming a party to the acquisition contract: in general, the owner`s goal is to complete the project as quickly as possible so that he can repay his debts to the lender and start making income.
In view of the owner`s dissatisfaction with the performance of the original contractor (or lack thereof), it is essential that the owner takes the following factors into account when negotiating a takeover contract: 14. If, for any reason, the bank refuses to give its consent to the transfer of the aforementioned business and assets to the company, this contract is considered cancelled. Such consent is obtained by the seller prior to the registration of the business. The acquisition of the enterprise is the acquisition of the number of individual assets, the whole of which represents the value of the enterprise as such. When taking over the business, there are many points that must be covered as part of the acquisition contract, such as the stock of goods, rights in intangible assets, participations, etc. The acquisition contract is valid proof in the future, if there will be problems regarding the acquisition, the acquisition court will first review the acquisition contract and the terms of the takeover contract. 13. Upon registration of the company, the board of directors, as indicated above, will accept this agreement in order to be binding on the company and the company as well as on the promoters of the project, and the seller will also export the documents or documents in favor of said bank necessary for the assumption of said mortgage liability by said company. . . .