Legal Question in Business Law in New York

assett purchase of business

In a sales agreement, how do we as the buyer assess the monetary value of a Non-compete Agreement?


Asked on 5/29/07, 9:42 pm

1 Answer from Attorneys

Re: assett purchase of business

Please advise whether you are referring to a Non-compete (CNC) that you are obtaining from the Seller as a part of the transaction, or to a CNC that the Seller currently possesses (obtained from someone else) which is being transfered to you as a necessary part of your intended transaction.

CNC's have to be valued with regard to tax implications, sales implications, sourcing implications, personnel implications as well as good will/going concern issues and customer lists. Obviously, each of those components will vary depending on who has given the CNC, its reach and life, and why the CNC was granted.

If you can povide more of the specifics, I can be more focused in my response.

Good luck with your transaction.

Jay Gartlan, Esq.

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Answered on 5/30/07, 4:17 pm


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