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Commercial Purchase Letter Of Intent Template for Australia

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Key Requirements PROMPT example:

Commercial Purchase Letter Of Intent

"Need to draft a Commercial Purchase Letter of Intent for the proposed acquisition of manufacturing equipment valued at AUD 5 million, with completion targeted for March 2025, including a 60-day exclusivity period and specific provisions for technical due diligence."

Document background
A Commercial Purchase Letter of Intent is commonly used in Australian business transactions as a preliminary step before entering into a formal purchase agreement. It is typically employed when parties have reached a general understanding of key commercial terms but need to formalize their intent to proceed with detailed negotiations and due diligence. The document serves multiple purposes: it demonstrates commitment to the transaction, outlines key commercial terms, establishes a framework for negotiations, and addresses preliminary matters such as confidentiality and exclusivity. While primarily non-binding, certain provisions may create legal obligations under Australian law. This document is particularly useful in complex commercial purchases where parties need to establish clear parameters before investing significant time and resources in due diligence and detailed contract negotiations.
Suggested Sections

1. Date and Parties: Opening of letter identifying sender and recipient parties with full legal names and addresses

2. Introduction: Brief opening paragraph stating the purpose of the letter and the parties' interest in entering into the transaction

3. Transaction Overview: High-level description of the proposed purchase, including subject matter and general scope

4. Key Terms: Essential commercial terms including proposed purchase price, payment terms, and timeline for completion

5. Due Diligence: Outline of the proposed due diligence process, timing, and access requirements

6. Timeline and Next Steps: Proposed schedule for negotiation, due diligence, and transaction completion

7. Confidentiality: Statement regarding the confidential nature of discussions and any existing NDAs

8. Non-Binding Nature: Clear statement about which provisions are non-binding vs. binding (typically confidentiality, exclusivity if included, and governing law are binding)

9. Governing Law: Specification of Australian law as governing law for the LOI

10. Signature Block: Closing of letter with signature lines for authorized representatives

Optional Sections

1. Exclusivity Period: Used when seller is requested to negotiate exclusively with the buyer for a specified period

2. Break Fee: Include when parties agree to compensation if either party withdraws under specific circumstances

3. Conditions Precedent: For complex transactions where certain conditions must be met before proceeding

4. Cost Allocation: Include when parties wish to specify responsibility for transaction costs

5. Regulatory Approvals: Required for transactions that may need regulatory clearance

6. Financing Contingency: Include when purchase is subject to buyer obtaining financing

7. Employee/Management Arrangements: For transactions involving key personnel retention or changes

Suggested Schedules

1. Asset Schedule: Preliminary list of assets included in the proposed purchase

2. Price Calculation Methodology: If purchase price involves complex calculations or adjustments

3. Timeline Schedule: Detailed timeline of key dates and milestones for the transaction

4. Due Diligence Requirements: List of specific documents and information required for due diligence

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Manufacturing

Retail

Technology

Real Estate

Industrial

Energy

Mining

Agriculture

Healthcare

Professional Services

Automotive

Telecommunications

Construction

Transportation and Logistics

Financial Services

Relevant Teams

Legal

Finance

Corporate Development

Mergers & Acquisitions

Commercial

Procurement

Strategy

Operations

Risk Management

Business Development

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Commercial Director

Head of Mergers & Acquisitions

General Counsel

Legal Counsel

Corporate Development Manager

Business Development Director

Finance Director

Investment Manager

Procurement Manager

Strategy Director

Operations Director

Risk Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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