This article discusses the memorialization of purchase offers in a letter of intent (LOI) in M&A transactions. An LOI outlines key terms of the deal but is non-binding. It includes provisions like exclusivity, confidentiality, expenses, and non-solicitation that may be binding. Careful drafting is essential to avoid potential risks. Properly considered, an LOI is a valuable tool for M&A deals, guiding parties through negotiations with caution.
This blog post discusses the importance, elements, and exceptions of non-disclosure agreements (NDAs) when selling a business. Key points include the priority for sellers to sign an NDA before disclosing sensitive information, the necessity for clear definitions of what the NDA covers, guidelines for sharing information, the term length of NDAs, and remedies in case of a breach. Despite its protection, enforcing NDAs can be challenging, advising selective information sharing.
The process of buying or selling a business involves several key stages including buyers and sellers finding each other, confidentiality agreement signing, due diligence, drafting letters of intent and transaction documents, closing the deal and post-closing. Having a deep understanding of these steps can lead to a more efficient transaction and better results.
We’ve come to the end of our 7-part series on selling an emerging growth company, and now it’s time to seal the deal. In this post, we explain what you need to know about the final step in the sale.
The definitive agreement in an M&A transaction is the agreement that is binding to the parties. Negotiating its provisions is crucial to avoiding liability. In this post, you'll read about the issues that should be at the top of your mind.
