News & Analysis as of

Due Diligence Contract Terms Exclusivity Clauses

Goodwin

Exclusivity Provisions: Fintechs Need an Active Backup Bank

Goodwin on

Virtually every bank’s form lending program agreement we’ve negotiated for our fintech clients has come with an exclusivity provision.  The bank’s policy behind them is simple: We’ve put in the time, effort, expertise...more

Miller Canfield

Canadian Law: Make Sure Your Lease Isn't a Dealbreaker

Miller Canfield on

When selling your business in Canada, you will face a long list of due diligence requests as the purchaser reviews all aspects of your business. If there is a lease, one key aspect of due diligence review will be the lease...more

WilmerHale

Are Term Sheets Really Nonbinding?

WilmerHale on

You’re in the thick of week two of negotiations on a term sheet with a potential investor and you can’t help but wonder why you’re spending so much time on a document that has “nonbinding” written all over it. While it is...more

Vinson & Elkins LLP

[Webinar] Navigating Post-Covid Diligence Issues in M&A Transactions - September 24th, 10:00 am - 11:00 am CT

Vinson & Elkins LLP on

The COVID-19 pandemic and the accompanying market downturn have resulted in widespread uncertainty felt on a global scale – including in the M&A space. This webinar will explore ways M&A transactions – particularly due...more

WilmerHale

Know Your Limits: Understanding Your Term Sheet’s Exclusivity Provision

WilmerHale on

Hollywood’s exclusive parties include only the hottest A-listers. Exclusive sales are advertised only to a boutique’s biggest spenders. The startup world has its own take on exclusivity: Investors and buyers routinely insert...more

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