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Exclusivity Agreements: Should Sellers Play the Field?

January 26, 2022

Buyers should be hesitant to invest time and financial resources in transaction due diligence without a seller agreeing to a period of exclusivity. Without exclusivity, a buyer risks that a seller will negotiate with other bidders and treat the buyer as a stalking horse. On the flip side, sellers need to be mindful of fiduciary duties in this active and competitive M&A market. Explore these competing interests between private transaction buyers and sellers.   

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