General

Drafting an agreement is like building a house. It needs a good foundation, and it should be made of solid materials. It should be constructed to meet the challenges faced in the locale in which it is built.

When drafting, one should keep in mind the goals of the parties and the goal of the document. This is something to think about throughout the drafting process. Also, be sure to read the draft several times, particularly the definitions. Did you leave a hole there or something that can be read differently than you intended that could be disputed in court?

Several different types of provisions are important in an acquisition agreement. As you read about these provisions, think about how you would phrase things differently if you represented the seller or the purchaser.