Comparison between share sales and asset sales in acquisition for the buyer (Assets)

Comparison between share sales and asset sales in acquisition for the buyer (Assets) 
Assets
When the business's assets are sold, the buyer will not automatically become the beneficiary of any current contracts that the seller has already signed. These contracts must be assigned or novated to the buyer in accordance with English law, and many contracts provide that the third party's approval is necessary for an assignment of the benefit to be legally binding. The buyer might view certain contracts as essential to the survival of the company, and it might be unwilling to rely on the third party to uphold the terms of the agreement notwithstanding the change in ownership of the company. There is always a chance that, in response to a formal approach, the third party may feel compelled to demand a renegotiation of the contract's conditions in exchange for agreeing to the assignment.

​It is typically necessary to get the landlord's permission to assign the lease when the business's assets include leasehold property. The landlord will frequently only agree to the assignment if the buyer is able to secure adequate assurances since it will want to make sure that it is not taking on additional risk by having the new owner as tenant. Getting a landlord's approval could cause the deal to take much longer to complete. The buyer must keep in mind that, in the event of an asset sale, it must make arrangements for either the transfer of all pertinent insurances or the purchase of new coverage.