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Closing structure and post-closing obligations in M&A transactions should be considered early on in the deal negotiation process, as they will heavily influence the provisions of the operative transaction agreement.
The terms and conditions of the operative agreement (i.e., the stock purchase agreement, asset purchase agreement, or merger agreement) will vary depending on whether the transaction is structured as a simultaneous signing and closing or as a deferred closing.
The notary public has a stamp with its own signature space and date. You can also get a bank officer to guarantee your legal document.In a simultaneous signing and closing, the parties sign the transaction documents and close on the deal at the same time.In a deferred closing, the closing occurs sometime after the transaction documents are executed.A simultaneous closing may also increase stockholder risk, since the target company may have to "go public" about the transaction by soliciting stockholder consent and contractual consent from customers, suppliers, and other third parties without having a binding contract in place.In these situations, a deferred closing structure allows the parties to determine the rights and remedies of each party in the event the required consents are not obtained.