I. CONFIDENTIALITY AGREEMENT -

A confidentiality agreement (“Confidentiality Agreement”), also sometimes called a nondisclosure agreement (“NDA”), is typically the first stage for the due diligence process as parties generally are reluctant to provide confidential information to the other side without having the protection of a confidentiality agreement. The target typically proposes its form of confidentiality agreement, and a negotiation of the confidentiality agreement ensues. A seller’s form of confidentiality agreement is attached as Appendix A....

Originally published for the University of Texas Law’s 13th Annual Mergers and Acquisitions Institute in Dallas, TX on October 12, 2017.