Negotiating the Deal: Preliminary Agreements

The Confidentiality Agreement and the Letter of Intent set the tone for further negotiations between parties. This session will discuss the significance of these documents in the context of a corporate deal. Experienced speakers will guide you through the tricks and traps of key provisions and show you how to draft them the right way.

Topics will include: 

• Confidentiality Agreement / Non-Disclosure Agreement
  • Primary goals of the agreement
  • Types of transactions in which the agreement is used
  • Who are the parties and when should the agreement be executed?
  • When to use a one-way versus a mutual agreement
  • Key elements of the agreement and the most heavily negotiated provisions

• Letter of Intent / Exclusivity Agreement
  • What is the Letter of Intent and when should it be used?
  • How enforceable is the Letter of Intent?
  • Key elements of the Letter of Intent
  • Exclusivity provisions
  • Specific considerations for asset versus share purchase transactions

• Strategic considerations

View all Anatomy of a Deal programs.

Instructors:

David S. Brown, WeirFoulds, Toronto - CBA Partner Firm

Christine Pound, Stewart McKelvey, Halifax - CBA Partner Firm

Paul Singh, Blake, Cassels & Graydon LLP, Toronto - CBA Partner Firm