When negotiating an M&A agreement for a private company, it is important to consider a number of issues, including but not limited to: mergers are common between competing companies that agree to join forces. A merger agreement can be used when one company buys another or when a struggling company seeks refuge from a more successful company. A merger agreement shall lay down the rules applicable to the new organisation until convergence is completed. It includes an accounting of assets and liabilities for each company, as well as the valuation of each company`s shares under the new entity. During a merger, companies can continue their day-to-day operations, so you should opt for guidelines such as the maximum duration of new contracts during the transition period. .