Today I received the following inquiry from a reader:
I’m in a transaction involving an asset purchase agreement that provides for many schedules, and those schedules will consist many pages listing assets owned, licensed, etc. If we print and attach all of the lists the final document will be many inches thick.
There has to be a way to capture the details in an electronic format (disk or portable drive) and then refer to the format as being part of the agreement.
So it’s about (1) what technology to use to capture the data, and (2) how to describe the technology in the agreement and incorporate the contents into the agreement?
What are transactional lawyers doing these days over these issues? I appreciate any comments or direction you might have.
I’m sure that some of you out there would be better placed than I am to suggest how this could be handled. I invite you to comment.
Updated 6:00 p.m., June 26, 2013. Two suggestions on Twitter:
@KonciseD We often list schedules as attachments without actually attaching, just sep. files delivered at closing. @Docusign = good record.
— José Ancer (@ancerj) June 26, 2013
@KonciseD How about a secure internet or FTP site? You can reference the URL or FTP site in the document.
— David Cohen (@DavidCohenEsq) June 26, 2013
