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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."
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
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
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
Manufacturing
Retail
Technology
Real Estate
Industrial
Energy
Mining
Agriculture
Healthcare
Professional Services
Automotive
Telecommunications
Construction
Transportation and Logistics
Financial Services
Legal
Finance
Corporate Development
Mergers & Acquisitions
Commercial
Procurement
Strategy
Operations
Risk Management
Business Development
Executive Leadership
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
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