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by grabeh 4749 days ago
By definition if you haven't received the letter it is impossible to know what to add. Having said that, and stating the obvious, a letter of intent is generally intended to grant an exclusivity period to the potential acquirer in which to conduct due diligence and determine whether they really wish to purchase the company.

Consequently as you allude to confidentiality is vital. At the same time, you should have a limited exclusivity period following the expiry of which you are free to go to any other potential acquirers, and also the acquirer will have to return/destroy all confidential information.

Of course in reality, the benefit of the information could already have been derived from the acquirer. In the first place therefore only information which is absolutely necessary should be disclosed.

In any event, in a usual acquisition you would have lawyers deal with the paperwork for the sale and purchase, so I see no reason not to get those lawyers involved at this stage. This does to an extent depend on the size of the deal, and whether sales or assets are involved of course.

1 comments

This thing is that they have added tons of other conditions not related to the Due Diligence and the acquiring process itself.

They already set some constraints for the afterwards.

I would like them not to use the knowledge they will acquire during the assessment of my assets. :)