The Winning M&A Advisor [Vol. 1, Issue 4]
Welcome to the 4th issue of the Winning M&A Advisor, the Axial publication that anonymously unpacks data, fees, and terms…
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NDAS are the first step for almost every deal — but many deal professionals overlook their importance.
An NDA (non-disclosure agreement) is a legal document that protects any confidential information, and the nature of the discussions, from being disclosed to a third party. As DLA Piper explains, “The agreement is designed to protect the confidentiality of information exchanged in connection with the consideration and negotiation of the transaction and information exchanged in the course of a party’s due diligence review of the other.” In most transactions, the disclosing party is the business seeking capital or investment and the receiving party is the investor.
Proper management of the NDA can provide both sides with an early indicator of what the entire negotiation process will be like. Cavalier treatment of the NDA could also result in legal headaches down the road.
Read this guide to learn the nine clauses you should include in every NDA.
1. Definition of Confidential Information
The definition may vary based on the specific transaction…
For more, download the full ebook: 9 Clauses to Include in Every NDA.