BUSINESS PLANNING

Hunsberger Dunn LLP works with Business Owners to guide and assist them with their business planning process to help prepare for the challenges of the competitive arena that they face in the twenty-first century. Service categories include: Business Organizations, Buy-Sell Agreements, Succession Planning, Key Person Planning, and Yearly Updates.

We can also assist with all legal issues and documentation, including documents establishing the rights between parties, such as the following: Operating agreements for an LLC, Shareholder agreements for a corporation, Partnership agreements, By-Laws, and Corporate Minutes.

A buy-sell agreement, also known as a buyout agreement, is a binding agreement among or between co-owners of a business that directs what happens if a co-owner dies or leaves a business. Most agreements consist of several legally binding clauses placed in a contract which controls the following business decisions:

• Who can buy a departing partner’s or shareholder’s section of the business?

• What events will trigger a buyout?

• What price will be paid for a partner’s or shareholder’s interest in the partnership?

• When is the payment due?

• How may payment be made?

• To whom will payment be made?

• Buy-Sell agreements are imperative to almost all business owners and can be tactfully handled at Hunsberger Law.

Our business law attorneys have a reputation for drafting tailored business agreements that meet the unique needs each individual client. Some of the business agreements we have recently handled include:

• Negotiation and drafting of merger and acquisition agreements and ancillary documents and preparation of tax opinions in connection with tax-free reorganizations.

• Complex operating agreements for Virginia, Maryland, D.C. and Delaware limited liability companies.

• Corporate buy-sell agreements, including cross-purchase and shareholder agreements and LLC buy-out agreements.

• Entity formation documents, including certificates of incorporation, certificates of rights, preferences and designations, articles of incorporation, bylaws and organizational minutes, shareholder agreements and operating agreements.

• Borrowing and lending documents, including commercial loan agreements, private indebtedness, security agreements, collateral assignments and pledge agreements.

• Executive employment agreements, consulting agreements, stock option plans and stock option awards, equity incentive plans, stock appreciation rights and phantom stock agreements, non-compete agreements, proprietary inventions and non-disclosure agreements, and non-qualified deferred compensation agreements.

• Sales agreements, sales representative and agency agreements, distribution agreements, value-added reseller agreements, incentive compensation plans.

• Software and technology licenses, content licenses, software development agreements, turnkey computer systems installation agreements, web hosting agreements, web development agreements, and application service provider agreements.

• Private equity subscription documents, confidential term sheets, and private placement memoranda.

• Leases and sub-leases of commercial office space.

• Teaming agreements, partnership agreements and services agreements.