Recent Answers to Note Purchase Agreement Law Questions
Is it possible to include a provision in a Note Purchase Agreement that allows for early repayment without penalty?
Business Valuation
Note Purchase Agreement
Maryland
I am currently in the process of negotiating a Note Purchase Agreement with a potential investor, and I was wondering if it is legally feasible to include a provision that would allow for early repayment of the note without incurring any penalties. I believe that having the option to repay the note early could provide flexibility for my business, but I am unsure if this is a common practice in such agreements or if there are any legal considerations that need to be taken into account.
Christopher N.
Yes. Early repayment provisions are perfectly appropriate, but they are really a matter of negotiation with your investor. Given the likley nacent nature of your idea/business, I highly recommend you consult with a local business attorney to help you draft and negotiate the language. I also suspect you may need further legal advice as you structure your new idea/business for future growth ... and importanly, but uglier, in the event the business/idea fails. Good luck.