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Strategic Partnerships, Contract Manufacturing, Franchising and Licensing
Successful commercial partnerships can be formed without the creation of new companies, the construction of new facilities, or a transfer of equity. This sorts of partnerships can be based on numerous models – joint marketing and utilization of distribution channels, cost-effective contract manufacturing, licensing or cross licensing of intellectual property, exchange of know-how, efficient sharing of material and human resources, just to name a few. Strategic partnerships are contract based, can be for a fixed term, and can represent a more modest commitment than the other transactions discussed in this section. But Strategic Partnerships nevertheless present a host of pitfalls, particularly when entered into by partners from differing environments and varying expectations.
V&Co can advise its clients entering into Strategic Partnerships from start to finish, including with the following:
- Initial feasibility study
- Identification and analysis of potential partners
- Confidentiality Agreements with potential partners
- Negotiation of Term Sheet
- Mutual Due Diligence
- Preparation and negotiation of deal documentation (e.g. cooperation agreement, contract manufacturing agreement, licensing agreement, franchise agreement, loan agreement, management agreement)
- Financing [Credit & Finance]
- Signing and related formalities
- On-going legal advice [Corporate Counsel]
- Enforcement issues and conflict resolution [Arbitration & Litigation]
- Winding-up of partnership
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