Standstill Agreement Sample

In the case of status quo agreements, creation is important, so you need to resort to an online referral or hire a lawyer. A status quo contract offers protection with these agreements are time extensions and those that help keep things “as planned” for a certain period of time. A company pressured by an aggressive bidder or activist investor believes that a standstill agreement is useful in weakening the unsolicited approach. The deal gives the target company greater control over the deal process, by imposing on the offeror or investor the ability to buy or sell the company`s shares or launch proxy competitions. A standstill agreement is a contract that contains provisions governing how a bidder of a company can buy, sell or vote shares of the target company. A standstill agreement can effectively delay or stop the hostile takeover process if the parties cannot negotiate a friendly agreement. During the standstill period, a new agreement is negotiated, which usually changes the initial repayment plan of the loan. This is used as an alternative to bankruptcy or enforcement if the borrower cannot repay the loan. The status quo agreement allows the lender to save a certain value from the loan.

In case of enforcement, the lender cannot receive anything. By cooperating with the borrower, the lender can improve its chances of recovering some of the outstanding debt. In the case of the status quo agreement, negotiation strategies can prove useful even after the contract is signed – to make the most of the extra time window and make decisions in the best interest of the company or an individual. Glencore plc, a Swiss-based commodity trader, and Bunge Ltd., a US agricultural commodities trader, is a recent example of two companies that have signed such an agreement. In May 2017, Glencore undertook an informal approach to buying bears. Shortly thereafter, the parties agreed on a standstill agreement preventing Glencore from accumulating shares or making a formal bunge offer until a later date. In the banking world, a status quo agreement between a lender and a borrower terminates the contractual repayment plan of a borrower in difficulty and forces the borrower to take certain steps that the borrower must take. These guidelines can be taken into account when drawing up such agreements: in 2019, video game distributor GameStop signed a standstill agreement with a group of investors who wanted changes in the company`s governance, believing that the company had an intrinsic value higher than that of the share price. Since there is not much time before the expiry of the limitation period or the time limit for the performance of a given act is near, many standstill contracts are not well formulated.

A poorly crafted status quo agreement is a great loss for the contracting parties, as they may not be able to impose it as well as they would have done with a well-crafted agreement. The agreement is particularly important because the bidder had access to the confidential financial information of the targeted entity. A status quo agreement may also exist between a lender and a borrower if the lender stops requiring a planned payment of interest or principal for a loan, in order to give the borrower time to restructure their debts. When a standstill agreement is violated, it is a “violation of the standstill agreement” and a party may take legal action or opt for other alternative dispute resolution procedures, as agreed in the treaty. . . .