M&A Transaction - Binding offer and exclusivity
Hey guys,
when running a limited auction in an M&A transaction, does submiting a binding offer usually imply exclusivity (if the offer is accepted)?
Or the seller can negotiate with several parties which submitted binding offers?
Thx.
Exclusivity must be contracted, generally. Usually an Exclusivity form is provided by the bidder along with the final proposal and if the seller wants to grant exclusivity, it will be executed for a period of time.
No it does not imply exclusivity. They can absolutely hold your feet to the fire while talking with other parties. Although buyers rarely submit a binding offer without negotiating or at least trying to negotiate an exclusivity period.
Think about this logically. There is no contract unless both parties consent to a deal. How can merely submitting an offer “imply exclusivity”? What does that phrase even mean?
You can submit anything you want. The seller has no obligation to do anything unless they agree to those terms.
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