i)
Exclusivity Agreement: this is executed where the target company agrees not
to sell its assets or shares to anyone else during a period of time set by the
parties. This document is relevant in the purchase of public companies.
ii) Memorandum of
Understanding: this document is necessary
when parties reach an agreement about the terms of transaction but before
drafting the binding agreement.
iii) Confidentiality
Agreement: this is a document that is primarily
binding and it constitutes the parties agreement in respect of the way
information and document will be handled. It also constitutes issues about
disclosure and disposition after the deal proceeds.
iv) Representation and Warranties:
these documents are needed to be obtained in order to indemnify
the other party against untrue or false statements upon which that other party
has acted and as a result of which action he has suffered some loss.
v) The Merger Agreement: this document provides a mechanism for adjusting the
exchange ratio in the event that at post merger, any of the representations
made by a party is untrue and materially affects the agreed valuation and
exchange ratio.
vi) Technical Implementation
Agreement (TIA).
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