Exclusive Letter Of Intent Template for India

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Key Requirements PROMPT example:

Exclusive Letter Of Intent

"I need an Exclusive Letter of Intent under Indian law for a potential acquisition of a tech startup, with a 90-day exclusivity period starting March 1, 2025, including strong confidentiality provisions and a structured due diligence process."

Document background
The Exclusive Letter of Intent is a crucial document in Indian business transactions where parties need to establish a formal framework for exclusive negotiations before entering into a definitive agreement. This document type is commonly used in mergers and acquisitions, joint ventures, significant commercial contracts, and real estate transactions. The document, while generally non-binding, creates legally enforceable obligations regarding exclusivity and confidentiality under Indian contract law. It typically includes key commercial terms, due diligence parameters, and timelines, serving as a roadmap for the transaction while protecting both parties' interests during the negotiation phase. The Exclusive Letter of Intent gains its legal foundation from the Indian Contract Act, 1872, and related business legislation, making it a reliable tool for businesses to signal serious intent and commit resources to pursuing a potential transaction.
Suggested Sections

1. Letter Header: Date, recipient details, and sender details in proper business letter format

2. Subject Line: Clear identification of the proposed transaction or business relationship

3. Introduction: Brief introduction of the parties and purpose of the letter

4. Transaction Overview: High-level description of the proposed transaction or business relationship

5. Exclusivity Terms: Clear statement of the exclusive negotiation period and its terms

6. Due Diligence: Framework for the due diligence process and information sharing

7. Timeline: Key dates and milestones for negotiations and completion

8. Confidentiality: Binding confidentiality obligations for both parties

9. Binding vs Non-binding Elements: Clear distinction between which provisions are binding and non-binding

10. Closing: Signature blocks and formal letter closing

Optional Sections

1. Break Fee: Include when there's a need to specify compensation if either party terminates negotiations

2. Exclusivity Carve-outs: Include when certain types of discussions or negotiations need to be permitted during the exclusivity period

3. Governing Law and Jurisdiction: Include when dealing with inter-state or international parties

4. Cost Allocation: Include when there's a need to specify how costs during the negotiation period will be handled

5. Non-Circumvention: Include when there's a risk of parties bypassing each other in the transaction

6. Preliminary Terms: Include when key commercial terms have been preliminarily agreed and need to be documented

Suggested Schedules

1. Term Sheet: High-level outline of the key commercial terms being considered

2. Timeline Schedule: Detailed timeline of key dates, milestones, and deadlines

3. Due Diligence Checklist: List of required documents and information for due diligence

4. Authorized Representatives: List of authorized representatives from each party for communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Mergers & Acquisitions

Real Estate

Technology

Manufacturing

Healthcare

Financial Services

Infrastructure

Renewable Energy

Retail

E-commerce

Telecommunications

Professional Services

Automotive

Pharmaceuticals

Relevant Teams

Legal

Corporate Development

Business Development

Finance

Strategy

Commercial

Mergers & Acquisitions

Investment

Risk Management

Compliance

Executive Leadership

Project Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Managing Director

Business Development Director

Corporate Development Manager

Legal Counsel

General Counsel

Investment Manager

Project Director

Commercial Director

Mergers & Acquisitions Manager

Strategy Director

Real Estate Director

Company Secretary

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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