08 Apr 2025
Setting the Stage: Key Elements of M&A Preliminary Agreements
In the early stages of a private M&A deal, parties draft a letter of intent—also known as a memorandum of understanding or "heads of agreement"—to outline the key terms of the proposed transaction. This document ensures both parties share a mutual understanding of essential terms before investing time and resources into drafting definitive agreements. Explore the crucial elements to include, such as exclusivity and binding provisions, with this comprehensive practice note.
Related Content
- Letter of Intent (Asset Acquisition)
Put what you’ve learned in the above practice note to use with this template letter of intent for use in a proposed asset acquisition.
- Confidentiality/Non-Disclosure Agreements in Private M&A Deals
Review the critical role and key provisions of confidentiality agreements at the outset of a deal with this comprehensive practice note.
- Cross-Border Unilateral Confidentiality and Non-Disclosure Agreement
Add this new confidentiality agreement template, which includes specific cross-border considerations, to your library.
- Exclusivity (No-Shop) Agreements in Private M&A Deals
Study this summary of the fiduciary duties implicated for a seller's board of directors and considerations for drafting the key terms of an exclusivity agreement.
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