In another example, a GSB is often required in a transaction in which one company buys another. Because the G.S.O. defines the exact nature of what is purchased and sold, the agreement may allow a company to sell its tangible assets to a buyer without selling the naming rights attached to the transaction. The agreement covers all pre-negotiation deposits and acknowledges parts of the agreement that have already been completed. The agreement also records the date of the final sale. It is market practice for the seller to undertake not (i) to compete with the company or business sold, (ii) to disclose or use confidential information about the acquired transaction, (iii) to recruit staff, supplier or customer and (iv) to intervene in the business or to interfere with its goodwill. As mentioned above, the purchaser enjoys wealth protection, with the exception of confidentiality obligations that must be expressly provided for in the acquisition agreement. Given the difficulties in proving damages resulting from a breach of the above obligations (including the restriction of competition and confidentiality), lump sum compensation should be provided in the event of an infringement. Before a transaction can take place, the buyer and seller negotiate the price of the item for sale and the terms of the transaction. The G.S.O.
is a framework for the negotiation process. The SPA is often used when buying a major purchase, such as a . B a lot, or frequent purchases over a period of time. A SPA can also be used as a contract for renewable purchases, such as . B a monthly delivery of 100 widgets purchased monthly over the course of a year. The purchase price/sale price can be set in advance, even if delivery is interrupted at a later date or distributed at a later date. SPAs are set up to help suppliers and buyers predict demand and costs, and they become more critical as transaction sizes increase. It is recommended that a provision stipulating that the implementation of THE CP has no retroactive effect in spite of Belgian law should be included in the agreement.