Document background
The Merger and Acquisition Agreement is a fundamental document used in corporate transactions under Austrian law to document the sale and purchase of businesses or their assets. It is typically employed when one company intends to acquire another company, merge with it, or purchase substantial business assets. The agreement must comply with Austrian legal requirements, including corporate law regulations, competition law considerations, and employment law provisions. It contains detailed provisions on purchase price determination, representations and warranties, conditions precedent (including regulatory approvals), and closing mechanics. The document is particularly important as it serves both as the primary transaction document and as a reference point for post-closing obligations and potential disputes. Austrian M&A agreements often need to address specific local requirements such as works council involvement and Austrian merger control thresholds, while also considering EU-level regulations where applicable.
