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Avoid the March madness and score high on your next draft asset purchase agreement. In asset acquisitions, buyers can cherry-pick which assets and liabilities to assume in the transaction. The purchase agreement must be carefully drafted and customized for these economic details. Reps and warranties, indemnities, and definitions of purchased assets, excluded assets, assumed liabilities, and excluded (or seller retained) liabilities require attention to detail when drafting the purchase agreement. Avoid making a foul and use this asset purchase agreement checklist to guide you to a drafting slam dunk.
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