Exclusivity Agreements: Should Sellers Play the Field?

Buyers should be hesitant to invest time and financial resources in transaction due diligence without a seller agreeing to a period of exclusivity. Without exclusivity, a buyer risks that a seller will negotiate with other bidders and treat the buyer as a stalking horse. On the flip side, sellers need to be mindful of fiduciary duties in this active and competitive M&A market. Explore these competing interests between private transaction buyers and sellers.   

READ NOW »

Related Content

• Exclusivity Agreements Drafting Checklist (No-Shop Agreements, Acquisition Transaction)
  Review important considerations to keep in mind when drafting and negotiating exclusivity agreements.

• Exclusivity Agreement (No-Shop Agreement, Acquisition Transaction)
  Draft an exclusivity agreement using this annotated template.

• Exclusivity (No-Shop) Agreements in Public M&A Deals
  Understand the fundamental considerations for no-shop agreements in public transactions.

• Letter of Intent to Purchase by Merger
  Explore the use of an exclusivity provision in an annotated template of a letter of intent for a merger transaction.

Practical Guidance Updates 
Featuring the latest updates from your Practical Guidance account.  

• Practical Guidance Journal Fall 2021 Edition features Environmental, Social, and Governance guidance.
• Check out the new Practical Guidance Author Center! Learn about the 1500+ leading attorney authors contributing to our 20 practice areas, and find out how you can Become a Practical Guidance Author.
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.

Experience results today with practical guidance, legal research, and data-driven insights—all in one place.

Experience Lexis+