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  1. #1
    Join Date
    Mar 2020
    Posts
    1

    Default Non Termination of a Contract in Case of Change of Management And/or Control

    Hi,

    For an agency contract (common law), in agreement with the Company I will represent we might like to add a simple clause by which I might not be possible to terminate the contract should the Company change its management or/and its ownership (means the actual majority).

    How could I write this short and simple ?

    Thanks a lot for your kind help

  2. #2
    Join Date
    Oct 2016
    Posts
    3,667

    Default Re: Non Termination of a Contract in Case of Change of Management And/or Control

    Contract creation is beyond the scope of this forum.

    That said you might want to Google the phrase " inure to the benefit "

    You might find some wording that works.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,706

    Default Re: Non Termination of a Contract in Case of Change of Management And/or Control

    Quote Quoting Ayadao
    View Post
    For an agency contract (common law), in agreement with the Company I will represent we might like to add a simple clause by which I might not be possible to terminate the contract should the Company change its management or/and its ownership (means the actual majority).
    Whether you even need such a provision depends on the law of the jurisdiction that will govern the contract, and you did not say what jurisdiction that is. It would also matter what kind of entity the the company is (partnership, LLC, corporation, etc). So I suggest that you see an attorney in your unnamed jurisdiction for advice on that.

    Quote Quoting PayrolGuy
    View Post
    That said you might want to Google the phrase " inure to the benefit "
    I'm not seeing that phrase as applicable to the OP's situation.

  4. #4

    Default Re: Non Termination of a Contract in Case of Change of Management And/or Control

    Quote Quoting Ayadao
    View Post
    Hi,

    For an agency contract (common law), in agreement with the Company I will represent we might like to add a simple clause by which I might not be possible to terminate the contract should the Company change its management or/and its ownership (means the actual majority).

    How could I write this short and simple ?

    Thanks a lot for your kind help
    You want to know how to draft an agreement between principal and agent whereby neither the principal nor its successors nor its assigns can terminate the agreement? (Forget about adding anything about future management. It would be redundant and unnecessary.)

    More importantly forget the whole silly idea. Such a lopsided agreement would fail for lack of mutuality of obligation, uncertainty as to duration and perhaps unconscionable with respect to the principal's successors or assigns.

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