Clause guide

Transition Services Agreement (TSA)

The agreement under which the seller provides services to the buyer post-close, and how to scope it to avoid open-ended consulting bills.

Medium attentionM&A Diligence
Inkvex checks
  • Service scope definition
  • Pricing structure (hourly, fixed, hybrid)
  • Maximum duration and renewal terms
  • Termination rights and notice periods
Next move

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Overview

What this clause actually does

A transition services agreement (TSA) is a standalone contract under which the seller provides defined services (IT, accounting, customer relations) to the buyer for a defined period after close. It bridges the gap while the buyer integrates. Pricing, scope, and exit terms are highly negotiated.

Why it matters

Why people get burned by this clause

A vague TSA can become a $20K/month consulting arrangement that runs longer than the original transition timeline. A well-scoped TSA is hourly, capped, and has clear exit triggers.

Red flags

What should make you slow down

  • Open-ended scope (best efforts to support transition)
  • No hourly cap or budget ceiling
  • Auto-renewal beyond initial period
  • Seller indemnification narrower than reps and warranties indemnification
  • Termination requires 60+ day notice without cause
Where it appears

Where you usually see it

  • Asset purchase agreements (as exhibit)
  • Standalone transition services agreements
Inkvex review

What the platform checks in the live contract

  • Service scope definition
  • Pricing structure (hourly, fixed, hybrid)
  • Maximum duration and renewal terms
  • Termination rights and notice periods
  • Indemnification scope
Healthier version

What stronger language usually looks like

  • Specific service catalog with defined hours per service
  • Hourly billing with monthly cap
  • Maximum 6-month duration
  • 30-day termination right without cause
  • Same indemnification standards as APA
The bottom line

Scope the TSA tightly with hourly caps and a hard end date. Open-ended TSA arrangements are how the seller stays in your business longer than you wanted.

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