Tag Archives: Negotiate

Drafting an Effective Letter of Intent

A few years back, in my role as Corporate Development Director, I found myself in the middle of the most contentious letter of intent negotiations of my career. The sellers didn’t want to disclose the deal to employees until closing and they were¬†concerned¬†that due diligence would result in leaks. So the sellers insisted on a very detailed letter of intent before launching into due diligence. I spent several months negotiating that LOI and spent nearly as much on legal fees as I would on a purchase agreement. It was a long and frustrating experience, and not an approach I would recommend. That was one negative experience of many positive experiences using the LOI as a mechanism to move acquisition negotiations forward.

 

I recently reflected on this topic with Laura Lo Bianco of Fennemore Craig (Top 3 Law firm in Phoenix). We would like to share with you what we view as a few best practices around drafting a LOI.

 

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