Lease agreements are contractual agreements between a lessor and a lessee that sets forth all the terms and conditions of a lease, which when executes triggers a transfer of a possessory interest in either residential or commercial property at a specified date when the lease commences. Under the terms of virtually all lease agreements, the lessor, or landlord, agrees to turn over possession of a property to the tenant, or lessee, and the tenant promises to pay rent at an agreed upon interval. These mutual promises are often called covenants, with the primary covenants being the landlord’s covenant to deliver quiet and habitable property, and the tenant’s covenant to pay rent on time. Lease agreements are used prolifically in all 50 states to effectuate transfers of possessory interests in real property, and can range in length from one page for small transfers of residential property in rural areas to thousands of pages for complex commercial real estate leases.

The most important elements of a lease agreement are the length of the lease, the amount of rent (generally paid in monthly intervals, though sometimes paid on an annual basis), and a description of the property involved. This description of property should be as detailed as possible, as the majority of litigation relating to lease agreements arise from a dispute over property that was or was not delivered to the tenant’s expectations. A typical lease agreement will contain a number of other provisions, such as grounds for termination, renewal procedures, explicit covenants and warranties (promises by each side to do or refrain from performing a certain action), applicable law in the case of a dispute, an arbitration clause, and several other provisions, either designed and included by the parties, or mandated by the governing jurisdiction.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 5% [?]

Shareholder Rights Agreements, also known as a “poison pill”, refers generally to any agreement providing for the distribution of preferred stock, rights, warrants, options or debt instruments to the shareholders of a company designed to deter non-negotiated takeovers by conferring rights on certain shareholders (other than an “acquirer”) upon the occurrence of a “triggering event,” such as an unsolicited tender offer or unsolicited third party acquisition of a specified percentage of stock. These agreement confer rights on the shareholders but also restrict each holder in respect to selling, transferring, or otherwise distributing their restricted shares.

A shareholder rights agreement is often predated by a shareholder rights policy, which empowers a company’s board of directors to enact an agreement on short notice upon the occurrence of a “triggering event.”

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 14% [?]

To alleviate concerns over the continued control over closely held companies, shareholders often enter into a Stock Restriction and Purchase Agreement, thereby restricting lifetime transfers. Such agreements often require that a shareholder interested in selling his or her shares, or the estate of a deceased shareholder, sell his, her, or its shares in the company only to the company or to the other existing shareholders of the company.

Another variation is to allow the selling shareholder, or an estate, the opportunity to sell shares to a third party only after the company and the non-selling shareholders have first declined to acquire such shares. In addition, a Stock Restriction and Purchase Agreement can be helpful in assuring that the shareholders receive the fair value of their labor.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 12% [?]

A Stock Pledge Agreement documents the pledge of a fixed number of shares of common stock by a shareholder as security for payment of a promissory note. The security interest continues as long as the note is outstanding. The secured party is authorized to take conveyance of the shares in the event of default under the note. During the period of time the pledge is outstanding, the party pledging the shares as security under the note continues to exercise the voting rights incidental to the shares. After the pledge is made, the voting rights transfer in full to the pledgee.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 9% [?]

A Stock Exchange Agreement is a written contract, signed and executed by representatives of two or more companies, whereby the participants in the agreement agree to exchange stock, usually as a precursor to the signing of a merger or acquisition agreement by and between the parties. When one person or entity owns more than 50% of a company’s outstanding stock, that person or entity is said to be the “controlling shareholder” of the company. Typically, stock exchange agreements will involve more than 50% of one of the companies’ outstanding stock, so that the other party becomes a controlling shareholder. Also known as “share exchange agreements”, these contracts are common in the world of corporate law and finance and are generally governed by the laws of Delaware or state where the two corporations maintain their headquarters or principal place of business.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 6% [?]

A Shareholder Waiver Agreement is a legal contract by and between a publicly traded corporation, on the one hand, and one or more of its shareholders, on the other. Varying in their subject matter, in such agreements shareholders could be waiving their right to receive dividends, to receive a notice of a meeting (which would otherwise be required under the corporation’s bylaws), or the right to take part in a vote. Essentially, any time a company wants to do something without gaining shareholder approval they must execute a shareholder waiver agreement with its shareholders assuming that the bylaws provide shareholders with the right to do what it wants to do.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 5% [?]

A Servicing Rights Purchase Agreement is a written, legally binding contract by and between a buyer and seller of mortgage or loan servicing rights. Mortgage servicing rights refer to the rights to service a mortgage, including the right to collect the monthly payments, manage the escrow funds, take care of the taxes and insurance, and other activities. An experienced real estate lawyer usually drafts the agreement. Servicing rights purchase agreements can involve the sale of servicing rights for one mortgage or more than100,000 mortgages. Regardless of the size, the concepts are the same. Servicing rights purchase agreements must address which mortgages’ servicing rights are being bought and sold, how much the buyer is paying, when the agreement becomes effective, and many other generic contractual provisions.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 5% [?]

Redemption agreements are sophisticated, written corporate contracts that provide for a company to “redeem”, i.e. get back, some of its equity offerings that are currently owned by one or more investors. The agreement will usually refer to several prior agreements made between the parties that transferred the equity offerings, such as shares of preferred or common stock, to the investors in the first place. The most common type of redemption agreements are stock redemption agreements. There are several reasons why a company may want to redeem its stock. Usually, the company wants to regain a certain percentage ownership control of the company that it gave away when it offered stock to investors. Obviously, the company has to pay in order to redeem the stocks. The terms of conditions of this exchange between the investors and the company are thus effectuated in a redemption agreements.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 5% [?]

Recapitalization agreements are sophisticated, legally binding written agreements, made by and between a company and its stockholders, that involves rearranging the company’s capital structure in order to make it more stable. As the name suggests, a recapitalization agreement can become necessary for survival if debt or bad assets over burden a company.  Recapitalization agreements often involve changing the form of a company’s financing; for instance, it can involve an exchange of preferred shares for shares of common stock or bonds.

Recapitalization agreements can achieve several purposes. They can help ward off a hostile takeover or can decrease a company’s tax burden. They can also lower a company’s debt burden and free up liquid capital. Indirectly, achieving these positive results can then lead to a rise in the company’s stock price and higher profits for investors.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 3% [?]

A Placement Agency Agreement also known as a Placement Agent Agreements,  is an agreement between an issuer of stock of a company and a placement agent. Per the terms of the agreement, a placement agent agrees to use his or her “best efforts” to secure investors to invest in the company. The Placement Agency Agreement is an integral part of the process by which a company tries to secure institutional or private investors as part of a public or private offering of stock. Generally a subscription agreement, an escrow agreement, a letter of opinion from the company’s legal counsel, and a shelf registration statement and prospectus supplement will accompany this agreement.

Typically, an investment banker, serving as a placement agent, will sell the securities to a limited group of accredited investors. The placement agent acts as an intermediary, putting the buyers and the seller (the company) together. Generally, it does not buy the securities for its own account and immediately resell them, as it would in a firm commitment underwriting or Rule 144A offering.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 5% [?]