Head Of Terms Agreement Template for United States

1. Exclusivity: Binding provision preventing parties from negotiating with other parties for a specified period - include when exclusivity is required

2. Due Diligence: Framework for the due diligence process - include for complex transactions requiring significant investigation

3. Break Fee: Compensation payable if one party withdraws - include for high-value transactions or where significant preliminary work is required

4. Regulatory Approvals: Required governmental or regulatory approvals - include when the transaction requires specific regulatory clearance

5. Post-Completion Obligations: High-level overview of post-completion requirements - include for complex transactions with significant post-completion obligations

6. Force Majeure: Provisions for unforeseen circumstances - include when the negotiation period is extended or in volatile markets

7. Public Announcements: Rules for making public statements - include when dealing with public companies or high-profile transactions

1. Key Commercial Terms Schedule: Detailed breakdown of the principal commercial terms

2. Timeline Schedule: Detailed timeline with key milestones and deadlines

3. Due Diligence Requirements: List of required due diligence items and documentation

4. Required Approvals: List of necessary internal and external approvals

5. Permitted Disclosure Parties: List of advisers and other parties to whom disclosure is permitted under confidentiality provisions