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Business Broker NDA
"I need a Business Broker NDA for my Mumbai-based manufacturing company, as we're planning to sell the business in January 2025 and will be sharing sensitive financial and operational information with potential buyers through our broker."
1. Parties: Identification of the Business Broker, the Client/Company disclosing the information, and any other relevant parties
2. Background: Context of the business brokerage relationship and purpose of the NDA
3. Definitions: Detailed definitions of key terms including Confidential Information, Business Purpose, Permitted Purpose, Representatives, etc.
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it may be identified
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Remedies: Available remedies in case of breach, including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, etc.
1. Non-Solicitation: Restrictions on soliciting employees or clients, recommended when the broker will have access to sensitive relationship information
2. Non-Circumvention: Prevents parties from bypassing the broker to deal directly, essential when broker's commission is at stake
3. Data Protection: Specific provisions for handling personal data, required when dealing with personal information
4. Broker's Services: Description of broker's role and services, useful when the NDA is part of a broader service agreement
5. Digital Security Measures: Specific requirements for protecting digital information, recommended for primarily digital businesses
6. International Transfer of Information: Provisions for cross-border information transfer, needed when parties operate internationally
1. Schedule 1 - Specified Purpose: Detailed description of the business purpose and permitted uses of confidential information
2. Schedule 2 - Security Protocols: Specific security measures and protocols for handling confidential information
3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information
4. Appendix A - Information Categories: Categorization of different types of confidential information and their handling requirements
Authors
Agreement
Authorized Representatives
Business Broker
Business Day
Business Information
Business Purpose
Confidential Information
Disclosing Party
Effective Date
Electronic Data
Group Company
Information Owner
Intellectual Property Rights
Permitted Purpose
Permitted Recipients
Personal Data
Professional Advisors
Proprietary Information
Receiving Party
Related Party
Representatives
Restricted Period
Security Protocols
Sensitive Information
Surviving Provisions
Trade Secrets
Transaction
Unauthorized Disclosure
Valuation Information
Non-Disclosure
Permitted Use
Information Protection
Non-Circumvention
Non-Solicitation
Return of Information
Data Protection
Intellectual Property
Term and Termination
Remedies and Injunctive Relief
Governing Law
Dispute Resolution
Force Majeure
Assignment
Indemnification
Warranties and Representations
Notice Requirements
Amendment and Modification
Severability
Entire Agreement
Third Party Rights
Electronic Communications
Costs and Expenses
Waiver
Counterparts
Business Services
Mergers & Acquisitions
Professional Services
Manufacturing
Retail
Technology
Healthcare
Real Estate
Financial Services
Hospitality
Education
Industrial Services
Legal
Finance
Corporate Development
Mergers & Acquisitions
Executive Leadership
Business Development
Strategy
Compliance
Risk Management
Corporate Secretarial
Business Broker
M&A Advisor
Chief Executive Officer
Chief Financial Officer
Business Development Manager
Investment Banker
Corporate Lawyer
Due Diligence Specialist
Valuation Analyst
Business Owner
Managing Director
Company Secretary
Strategic Planning Director
Private Equity Manager
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