NDA Mergers And Acquisitions Template for Australia

1. Standstill Provisions: Used when the target is a public company to prevent unauthorized share acquisitions

2. Non-Solicitation of Employees: Added when there are concerns about poaching key employees during due diligence

3. Reverse Break Fee: Included when parties want to specify damages for breach of confidentiality

4. Clean Team Arrangements: Required when sharing competitively sensitive information between competitors

5. Data Protection Compliance: Added when personal data will be shared during due diligence

6. Anti-Trust Compliance: Included when the transaction may have competition law implications

7. Securities Laws Compliance: Required when dealing with listed companies and inside information

1. Schedule 1 - Defined Confidential Information: Specific categories and types of confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals and advisors authorized to access confidential information

3. Schedule 3 - Security Protocols: Detailed procedures for handling and protecting confidential information

4. Schedule 4 - Data Room Rules: Procedures and requirements for accessing virtual data room

5. Appendix A - Confidentiality Undertaking: Form of confidentiality undertaking for representatives to sign

6. Appendix B - Destruction Certificate: Form of certificate confirming destruction of confidential information