Under the terms and subject to the terms of this Agreement, Seller agrees to sell and Buyer agrees to purchase and acquire from Seller the number of shares set forth in Point 1.1(B) of this Agreement (the “Sale Volume”) for the purchase price (the “Purchase Price”) set out in Point 1.2(A) of this Agreement. In addition, there seem to be many other regulations typical of a forward funding operation (e.g.B. payment of interest on the purchase price, participation rights during the construction/rental phase, rules for adjusting purchase prices, guarantee of the cancellation of existing basic costs in case the buyer takes over the property before the performance of all development obligations, etc.), but they are for another day. If you`d like to know how Lexology can advance your content marketing strategy, please email enquiries@lexology.com. 6.4 Considerations. This Agreement may be executed in one or more of its equivalents and such counterparties constitute a single agreement. A Forward Purchase agreement is essentially a contract in which the developer/seller agrees again at an early stage to sell the concluded development to a buyer. However, unlike a forward funding operation, the purchase price is usually not paid in full before the end of development, with the developer financing the construction costs himself. On this date, ownership of the property is also transferred to the buyer and the change of ownership is initiated. Real estate investors are increasingly using a Forward Purchase structure to acquire desirable assets at an early stage of their life cycle. In the case of a futures purchase transaction, the buyer and seller enter into a purchase and sale agreement at a specified or calculated price for an asset that is either under development or in development but has not yet been completed. As reit share sales become more frequent for sellers to account for the tax structuring of foreign investors, some sellers are starting to structure their futures purchases as futures purchases of REIT shares, creating additional complexity.

To minimize risk on the buyer`s side, it`s not just the due diligence process that needs to be more detailed (e.g. .