Exclusivity Agreement
If it seems unlikely that a better deal could be had, or the exercise of finding this out would be unduly time-consuming and distracting for the portfolio company management team, then the exclusivity request should be seriously whiteboost. com wouldnt expect to find it in FWA... perhaps whichever Act covers 'restriction of trade' as that is what it amounts to.
Before proceeding with due diligence and drafting definitive agreements, the seller will want assurances that information it provides will remain confidential, and the buyer will want to know that the seller is dealing only with the buyer until the transaction is concluded. Confidentiality and exclusivity agreements can be complex; the ABA model forms are instructive as to the critical terms to consider. There is also a converse risk of a court failing to enforce what the parties may have thought was a binding agreement or certain of its provisions that they expected to be enforceable.
In a contractual situation, consequential damages resulting from the seller's breach include any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover (obtaining a substitute) or otherwise. Lawyers within our network have agreed to share some of the documents they regularly use in the course of their practice along with annotations explaining different provisions and outlining decisions you might need to make. You can contact our lawyers and download a copy of this document.
During the period ending on the earlier of April 23, 2012 (or such date as later extended pursuant to this letter), or the date on which a Definitive Agreement relating to the Transaction is executed (such period, or any longer period as to which the parties may agree in writing, constituting the “Discussion Period”), the Company agrees that it will not, directly or indirectly, through any officer, director, employee, attorney, advisor, representative or agent or any of their subsidiaries: (i) solicit, initiate, or encourage any inquiries or proposals that constitute, or would reasonably be expected to lead to an Acquisition Transaction (as defined below); (ii) engage or participate in negotiation or discussions concerning, or provide any non-public information to any person or entity relating to, any Acquisition Transaction; or (iii) accept any proposal or offer from, or enter into any agreement with, any person or entity.
Exclusivity Agreement Template
A relationship bound by exclusivity should be put in writing. It has its own rules and restrictions, and agreeing to those is pretty crucial. The receiving party shall hold in confidence all Confidential Information disclosed by the disclosing party to the receiving party. Based on the restructured agreement with VistaPrint, MOD-PAC will receive $22 million in cash on August 30, 2004 when the new Supply Agreement becomes operative. This agreement (the "Agreement") is effective as of the __ day of _____, 20__, by and between ("Hospital"), a _____ non-stock, tax-exempt corporation with an address at ________ and ("Contractor"), a ____ corporation with an address at ___________. In the event that the Distributor fails promptly upon written request by exclusivity agreements to comply with any of its agreements in the preceding sentence of this Section whiteboost. com, the Distributor hereby irrevocably consents to CALYPSO’s taking any action necessary to give effect to such agreements.