Use this ready-made template to prepare a Merger Agreement to merge two existing Australia companies and a new company which has been organised for the purpose of the merger. The effect of the merger is that the two existing companies merge their businesses into the new company (Newco). Provisions of the Agreement include:

• Both companies will transfer their businesses to the Newco, which will issue shares in its capital to the companies' shareholders in exchange for the transfer.


• The existing companies are responsible for obtaining necessary authorisations and approvals to transfer any leases and business contracts to the Newco.


• The Newco will offer employment to all existing employees of the companies, and the companies will pay all salary, sick pay, and other amounts due or accrued to the employees up to the date of completion.


• The companies grant the Newco power of attorney with respect to transferring the businesses.


• Confidentiality and indemnification provisions.


• Dispute resolution procedure.

This Australian merger Agreement is provided in MS Word format, and is fully editable to meet your particular circumstances.