Selling a company can be a long and winding road with an inevitable exchange of confidential information between presumptive buyers and the selling company occurring throughout the course of a M&A transaction. Typically, the first document signed between a buyer and seller is a non-disclosure agreement (a “NDA”) which is designed to place restrictions on what each party may do with confidential information shared by the other party during the course of the buyer’s due diligence review of the seller. This article, while not exhaustive, will discuss important precautions and drafting considerations that buyers and sellers should bear in mind when negotiating a NDA.
The full article can be found here.