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Option Extension Agreement Template for India

A legal document governed by Indian law that extends the duration of an existing option agreement between parties. It outlines the new expiration date, any modified terms, consideration for the extension, and the mechanism for exercising the option during the extended period. The agreement ensures compliance with the Indian Contract Act, 1872, and other relevant Indian legislation, while maintaining or modifying the rights and obligations established in the original option agreement. It includes necessary provisions for enforcement, notices, and dispute resolution under Indian jurisdiction.

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What is a Option Extension Agreement?

The Option Extension Agreement is a crucial document used when parties wish to extend the duration of an existing option arrangement under Indian law. It becomes necessary when the original option period is approaching expiration but parties want to maintain the option rights for an additional period. This document type is particularly relevant in scenarios involving property purchases, corporate acquisitions, joint ventures, or other commercial arrangements where timing flexibility is needed. The agreement must comply with Indian contract law principles and may require additional regulatory compliance depending on the subject matter (such as SEBI regulations for securities or Reserve Bank of India guidelines for certain financial transactions). The document typically includes details about the extension period, any modified terms, consideration for the extension, and ensures continuity with the original option agreement while addressing any changes in circumstances since the original agreement was executed.

What sections should be included in a Option Extension Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and company registration details if applicable

2. Background: Recitals explaining the context of the original option agreement and the parties' intention to extend it

3. Definitions: Definitions of key terms used in the agreement, including references to the original option agreement

4. Extension of Option: Core provision detailing the extension of the option period, including the new expiration date and any modified terms

5. Consideration: Details of any payment or other consideration for the extension of the option

6. Exercise Mechanism: Procedure for exercising the option during the extended period

7. Representations and Warranties: Confirmations by both parties regarding their authority and capacity to extend the option

8. Relationship with Original Agreement: Clarification of how this extension agreement relates to and modifies the original option agreement

9. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

10. Notices: Communication procedures between parties

11. Execution: Signature blocks and execution formalities

What sections are optional to include in a Option Extension Agreement?

1. Additional Conditions: New conditions applicable to the extended option period, used when the extension involves modified terms

2. Security Provisions: Additional security or guarantees required for the extension, included when there are new security arrangements

3. Regulatory Compliance: Specific provisions regarding regulatory requirements, needed when the option involves regulated assets or activities

4. Assignment Rights: Rights to assign the extended option, included when transfer rights are relevant

5. Force Majeure: Provisions for unforeseen circumstances, included when long extension periods are involved

6. Confidentiality: Provisions for maintaining confidentiality, included when sensitive information is involved

What schedules should be included in a Option Extension Agreement?

1. Original Option Agreement: Copy or key terms of the original option agreement being extended

2. Payment Schedule: Details of any installment payments or consideration structure for the extension

3. Modified Terms: Comprehensive list of any terms from the original agreement that are being modified

4. Required Notices: Forms or templates for notices required under the agreement

5. Regulatory Approvals: List of required regulatory approvals and their status

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Genie AI

Document Type

Option Agreement

Cost

Free to use

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