Top Issues In Nondisclosure Agreements

Law360, New York (July 28, 2011, 12:45 PM EDT) -- A nondisclosure or confidentiality agreement is often the first binding agreement entered into in contemplation of an acquisition. This article focuses on some of the typical provisions found in a nondisclosure agreement in the context of an acquisition, which we refer to here as the “proposed transaction.”

Generally, at the early stages of a proposed transaction, potential buyers desire specific information about the target company in order to evaluate the proposed transaction and to determine the value of such target company for purposes of making a...
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