Legal Question in Business Law in New Hampshire
If a new ownership company comes in and takes over from an old owner do the non-competes carry with it to the new owner? Are they still valid?
Asked on 8/31/09, 8:48 pm
1 Answer from Attorneys
Lawrence Graves
Coolidge & Graves PLLC
This depends upon the structure used for the acquisition. Ordinarily, in an asset purchase, the purchaser would elect to acquire this kind of asset; if a stock purchase, it happens as a matter of law. As a working assumption, the non-competition obligation likely survives, but both the agreement containing the non-competition obligation AND the acquisition agreement whereby the "new owner took over from the old owner" need to be analyzed to get the actual answer to your query.
Best wishes,
LDWG
Answered on 9/06/09, 7:23 am
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