Finder's Fee Agreement for Acquisition

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This Finder's Fee Agreement for Acquisition is between a finder and a company who desires to hire the individual to find a buyer to acquire all or a portion of the company's business and assets. The finder is typically not an employee of the company.

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This Finder's Fee Agreement for Acquisition sets forth the agreement of a individual (a “finder”) who will identify a buyer to acquire all or a portion of a company's assets (hereafter known as "seller"). The finder will typically not be an employee, officer or director of the company and will perform his/her services for a fee.

This letter agreement identifies whether this arrangement is on a non-exclusive or exclusive. It also sets out detailed terms about the fees paid to the finder and that finder will register a potential buyer with seller within a certain time after an introduction is made.

This Finder's Fee Agreement for Acquisition includes:
  • Parties: Sets forth the identities of the finder and the seller from whom the finder will locate a buyer;
  • Appointment: Seller authorizes finder to identify a buyer, either on an exclusive or non-exclusive basis;
  • Finder's Fee: Sets forth specifics regarding the fee paid to the finder;
  • Termination: This agreement may be terminated by either upon giving written notice to the other;
  • Status: Finder's position is that of a finder only, and not a real estate dealer or broker;
  • Signatures: This agreement must be signed by the finder and accepted and agreed to by an officer of the seller.

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This attorney-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Finder's Fee Agreement for Acquisition
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Finder's Fee Agreement
for Acquisition

 

 
________ , 20__
 
Name & Address:
 
________
________
________
 
Dear ________ :
 
This letter will confirm our agreement (Agreement”) in connection with the efforts of _____________  (Finder”), to identify a buyer (Buyer”) to acquire all or any of the assets of ________  (the Company”) from ________  (Seller”), whether by merger, consolidation, sale or exchange of assets, sale or exchange of stock, licensing, joint venture, lease or otherwise (the Acquisition”). The terms of our Agreement are as follows:
 
1.      Appointment as Finder. Seller hereby authorizes Finder, on a nonexclusive [exclusive] basis, to identify a Buyer for the Acquisition of the Company upon terms acceptable to Seller, for a period commencing on the date hereof and continuing until terminated by written notice by Seller to Finder.
 
2.   Finders Fee. If an Acquisition is consummated within ___ [number] months after termination of this Agreement with a Buyer directed or introduced by Finder to Seller, then Finder shall be entitled to a Finders fee as follows:
 
[terms of Finders fee, e.g., 5% of the first $1,000,000 of Consideration (as defined below) paid to Seller for the Acquisition;
 
4% of the next $1,000,000 of such Consideration;
 
3% of the next $1,000,000 of such Consideration;
 
2% of the next $1,000,000 of such Consideration; and
 
1% of any amount in excess of $4,000,000 of Consideration.]
 
Finder will register with Seller in writing any potential Buyer to be covered under this Agreement not later than the ________ day of the month following the potential Buyers introduction to the Company.
 
3. Consideration. Consideration, as used herein, shall mean the amount of cash, plus the fair market value of everything other than cash, to be paid to the Seller, the Company, or its shareholders or creditors, in connection with the Acquisition (whether such Consideration is fixed or contingent), and including any obligations of the Seller or the Company or any of its subsidiaries or affiliates which are to be retired or assumed on or after the closing.
 
In the case of a joint venture, Consideration shall be the total amount of cash and other property transferred by the Buyer or Seller to the joint venture, whichever amount is greater.
 
All elements of Consideration other than cash shall be valued in the amount set by the agreement of purchase and sale (the Purchase Agreement”), and all notes or other debt obligations delivered to Seller to evidence partial or full payment of the Consideration shall be treated at face value or fair market value, whichever is greater. If there is no value placed on such amounts other than cash by the Purchase Agreement, such amounts of Consideration shall be valued at their fair market value on the date of the closing.
 
If any property of the Company is subject to an option to purchase or lease, or right of first refusal to purchase or lease by Buyer, and such property is acquired or leased by Buyer upon exercise of such option or right on or after the date of closing of the Acquisition, then the purchase price or lease payments for such property shall constitute Consideration for purposes hereunder.
 
In the event that real property not covered by the Purchase Agreement but occupied by Buyer is sold or leased to the Buyer at closing or within ___ [number] months thereafter (with or without an option or right of first refusal), the purchase price for such subsequent sale, or rental payments for the lease of real property shall constitute Consideration for purposes hereunder.
 
Seller shall furnish Finder a copy of the Purchase Agreement at or prior to closing. Seller shall inform Finder of time and place of closing, and Finder shall have the right to attend such closing.
 
4. Fee Due on Closing. The finders fee as established above shall be paid by bank or cashiers check at the closing of the above described transaction. In the event that a portion of the Consideration is payable in delayed increments, the finders fee shall be paid pro rata as each increment is paid, and each delayed increment of finders fee shall bear interest from the date of closing at the rate established in the Purchase Agreement for such delayed increments, or if none is fixed, at the rate of 10% per annum, payable when such delayed finders fee is paid.
 
5. Termination. This Agreement may be terminated at any time by either party by written notice to the other party, but such termination shall not affect the obligation of the Seller to pay the finders fee as provided in paragraph 2 hereof as to an Acquisition consummated within ____ [number] months after such termination with any party directed or introduced by Finder to the Seller prior to such termination.
 
6. Expenses. In addition to the finders fee payable hereunder, the Seller shall reimburse Finder for all travel and other expenses incurred by Finder in connection with the transaction, upon prior authorization by Seller and submission by Finder of itemized vouchers therefor.
 
7. Acting Only as a Finder. It is acknowledged that Finders position in any proposed Acquisition is that of a finder, and that Finder is not licensed as a securities or real estate dealer or broker, is exempt from such licensing under the provisions of _______, and will not be required to receive, transmit or hold any funds or securities in connection with such transaction, or to perform any act which would make such exemption unavailable.
 
8. Accurate Information. Seller hereby represents and warrants that all information provided Finder pertaining to the Company, Seller or their Affiliates shall be true and correct; and Seller shall hold Finder harmless from any and all liability, expenses or claims arising from the disclosure or use of such information.
 
9. [State] Law-Applies.  This Agreement shall be governed by and construed under the laws of the State of ________, and any action brought by either party to enforce or interpret the terms of this Agreement shall be brought in the appropriate court in the State of ________ . In any such action or proceeding to enforce or interpret the terms of this Agreement, the prevailing party shall recover all costs and expenses thereof, including reasonable attorneys fees, from the losing party.
 
If the foregoing correctly sets forth our Agreement, please sign and return the enclosed copy of this letter.
 
Very truly yours,
 
________ (Finder) 
 
 
ACCEPTED AND AGREED TO AS OF THE DATE OF THIS LETTER:
 
________ (Seller) 
 
By: ________  
 
(Authorized Officer)
 
Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43678
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Finder's Fee Agreement
for Acquisition

 

 
________ , 20__
 
Name & Address:
 
________
________
________
 
Dear ________ :
 
This letter will confirm our agreement (Agreement”) in connection with the efforts of _____________  (Finder”), to identify a buyer (Buyer”) to acquire all or any of the assets of ________  (the Company”) from ________  (Seller”), whether by merger, consolidation, sale or exchange of assets, sale or exchange of stock, licensing, joint venture, lease or otherwise (the Acquisition”). The terms of our Agreement are as follows:
 
1.      Appointment as Finder. Seller hereby authorizes Finder, on a nonexclusive [exclusive] basis, to identify a Buyer for the Acquisition of the Company upon terms acceptable to Seller, for a period commencing on the date hereof and continuing until terminated by written notice by Seller to Finder.
 
2.   Finders Fee. If an Acquisition is consummated within ___ [number] months after termination of this Agreement with a Buyer directed or introduced by Finder to Seller, then Finder shall be entitled to a Finders fee as follows:
 
[terms of Finders fee, e.g., 5% of the first $1,000,000 of Consideration (as defined below) paid to Seller for the Acquisition;
 
4% of the next $1,000,000 of such Consideration;
 
3% of the next $1,000,000 of such Consideration;
 
2% of the next $1,000,000 of such Consideration; and
 
1% of any amount in excess of $4,000,000 of Consideration.]
 
Finder will register with Seller in writing any potential Buyer to be covered under this Agreement not later than the ________ day of the month following the potential Buyers introduction to the Company.
 
3. Consideration. Consideration, as used herein, shall mean the amount of cash, plus the fair market value of everything other than cash, to be paid to the Seller, the Company, or its shareholders or creditors, in connection with the Acquisition (whether such Consideration is fixed or contingent), and including any obligations of the Seller or the Company or any of its subsidiaries or affiliates which are to be retired or assumed on or after the closing.
 
In the case of a joint venture, Consideration shall be the total amount of cash and other property transferred by the Buyer or Seller to the joint venture, whichever amount is greater.
 
All elements of Consideration other than cash shall be valued in the amount set by the agreement of purchase and sale (the Purchase Agreement”), and all notes or other debt obligations delivered to Seller to evidence partial or full payment of the Consideration shall be treated at face value or fair market value, whichever is greater. If there is no value placed on such amounts other than cash by the Purchase Agreement, such amounts of Consideration shall be valued at their fair market value on the date of the closing.
 
If any property of the Company is subject to an option to purchase or lease, or right of first refusal to purchase or lease by Buyer, and such property is acquired or leased by Buyer upon exercise of such option or right on or after the date of closing of the Acquisition, then the purchase price or lease payments for such property shall constitute Consideration for purposes hereunder.
 
In the event that real property not covered by the Purchase Agreement but occupied by Buyer is sold or leased to the Buyer at closing or within ___ [number] months thereafter (with or without an option or right of first refusal), the purchase price for such subsequent sale, or rental payments for the lease of real property shall constitute Consideration for purposes hereunder.
 
Seller shall furnish Finder a copy of the Purchase Agreement at or prior to closing. Seller shall inform Finder of time and place of closing, and Finder shall have the right to attend such closing.
 
4. Fee Due on Closing. The finders fee as established above shall be paid by bank or cashiers check at the closing of the above described transaction. In the event that a portion of the Consideration is payable in delayed increments, the finders fee shall be paid pro rata as each increment is paid, and each delayed increment of finders fee shall bear interest from the date of closing at the rate established in the Purchase Agreement for such delayed increments, or if none is fixed, at the rate of 10% per annum, payable when such delayed finders fee is paid.
 
5. Termination. This Agreement may be terminated at any time by either party by written notice to the other party, but such termination shall not affect the obligation of the Seller to pay the finders fee as provided in paragraph 2 hereof as to an Acquisition consummated within ____ [number] months after such termination with any party directed or introduced by Finder to the Seller prior to such termination.
 
6. Expenses. In addition to the finders fee payable hereunder, the Seller shall reimburse Finder for all travel and other expenses incurred by Finder in connection with the transaction, upon prior authorization by Seller and submission by Finder of itemized vouchers therefor.
 
7. Acting Only as a Finder. It is acknowledged that Finders position in any proposed Acquisition is that of a finder, and that Finder is not licensed as a securities or real estate dealer or broker, is exempt from such licensing under the provisions of _______, and will not be required to receive, transmit or hold any funds or securities in connection with such transaction, or to perform any act which would make such exemption unavailable.
 
8. Accurate Information. Seller hereby represents and warrants that all information provided Finder pertaining to the Company, Seller or their Affiliates shall be true and correct; and Seller shall hold Finder harmless from any and all liability, expenses or claims arising from the disclosure or use of such information.
 
9. [State] Law-Applies.  This Agreement shall be governed by and construed under the laws of the State of ________, and any action brought by either party to enforce or interpret the terms of this Agreement shall be brought in the appropriate court in the State of ________ . In any such action or proceeding to enforce or interpret the terms of this Agreement, the prevailing party shall recover all costs and expenses thereof, including reasonable attorneys fees, from the losing party.
 
If the foregoing correctly sets forth our Agreement, please sign and return the enclosed copy of this letter.
 
Very truly yours,
 
________ (Finder) 
 
 
ACCEPTED AND AGREED TO AS OF THE DATE OF THIS LETTER:
 
________ (Seller) 
 
By: ________  
 
(Authorized Officer)
 

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