Exclusivity With A Potential Buyer

By Tom Cobery
In October 26, 2016

When the Seller has narrowed the prospective Buyers down to one, a Letter of Intent is requested from the Buyer. The Letter of Intent will spell out the Terms and Purchase Price that the Buyer is willing to pay, which has presumably been verbally agreed to.  Among other items, the Letter of Intent will be based on the Buyer receiving a number of days of exclusivity to complete due diligence and finalize documentation. This period of time usually ranges from 60 to 90 days.

During the Exclusivity Period the Seller agrees to cease to solicit any potential offers or to negotiate or participate in discussions with others in connection with the possible sale of the Company. Although, in general, the Letter of Intent is Non-Binding on both parties you can expect that it will state in the Letter of Intent that the Exclusivity Period and Confidentiality Terms will be binding and subject to legal rights.

As you can see, the signing of a Letter of Intent by the Seller effectively takes your Company off the market for the Exclusivity Period. As a Seller, before signing, you should have concluded that this Buyer’s offer is the deal you want. There cannot be any further negotiations with other parties during the Exclusivity Period.

If you want to chat, give me a call at 703-837-1095 or e-mail me at tcobery@idealliance.org.

Tom Cobery

Dealing with the day-to-day needs of running a busy printing operation often leaves company leaders little time to plan for the future of their enterprises on their own. Tom works with chief executive officers and senior management executives in the Tag and Label Industry to develop growth opportunities through strategic transactions, new markets, or new service opportunities. Available for consulting on individual projects, he can also be engaged to serve as an Advisory Partner, helping executives guide their company into the future, serving as an impartial sounding board for ideas, and working with them to set the right course for continued growth and greater profitability. Tom’s personal experience as a Tag and Label Industry company president and chief executive officer, plus his extensive networking with other industry executives through his volunteer leadership activities with the Tag and Label Manufacturers Institute (TLMI) give him a unique perspective on the tough issues today’s company leaders face in this specialized segment. Companies engaging Tom will find his insight and independent advice an invaluable asset in helping them achieve their growth and profitability goals. More than a consultant, Tom Cobery wants to be your trusted Advisory Partner.

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