Gordian Group Riffs On Confidentiality Pacts | Mergers & Acquisitions

M&A Roundup

There’s no tune so standard that gifted players can’t rework it to make it sparkle. Take that m&a warhorse, the confidentiality agreement.

Usually, the requiring bidder secrecy is part of the tire-kicking process when companies are considering an acquisition. The seller lets a potential buyer look at the books under the agreement that the contents can’t be shared with any third parties, or ostensibly not used by the bidder to improve its competitive position should a deal fall through.

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