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fork of Waypoint NDA for pre-M&A disclosures
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Pre-M&A Nondisclosure Agreement

mutual nondisclosure agreement for use ahead of potential mergers and acquisitions

based on The Waypoint NDA, with key changes:

  • remove the standard form certificate

  • assume both parties are legal entities

  • prohibit disclosure to funding sources

  • prohibit exclusive agreements with sources of acquisition financing

  • prohibition back-channel due diligence from officers and companies without prior consent

  • permission to assign to an acquirer without prior consent

  • personnel nonsolicit

  • perpetual term, with shorter termination by notice

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