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Due diligence is the buyer’s process of discovering and evaluating information about a seller’s business to confirm that acquiring the seller’s equity or assets is a sound investment. However, the process of conducting due diligence differs between transactions for a variety of reasons.
Initial Due Diligence After an NDA is signed, the parties typically begin sharing information so that the buyer can determine if it wants to make an offer for the business. At this stage, high-level information is shared, such as financial statements and other key information about the business.
LOIs are typically entered into after discussions regarding a potential business acquisition have reached a threshold stage where both the prospective buyer and seller wish to memorialize the high-level terms of the proposed transaction. deal structure, purchase price, form of consideration); Material Signing and Closing Conditions (i.e.
The purchase agreement is typically drafted by the buyer’s counsel after the letter of intent has been signed and the buyer has done enough due diligence to feel confident that it wants to pursue the transaction.
The authors Larry Cata Backer and Humberto Cantu Rivera (UNGPs 4&5) emphasize the centrality of the State as an actor in many interactions when it engages in various commercial transactions and the privatization of essential services.
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