Introduction to Private Equity: Venture, Growth, LBO and Turn-Around Capital, 2nd Edition

Template 5 (Company)

NON-DISCLOSURE AGREEMENT

Note: this template is for illustration only, and does not replace professional advice in the conception of such documents.

Attention to ______________

[Company]

COMMUNICATION OF CONFIDENTIAL INFORMATION

AND NON-DISCLOSURE AGREEMENT

Dear [Mr/Mrs _____],

In connection with the potential interest of [Company] (“The Company”) for the businesses and the projects of our company, [The Business] has agreed to provide you with a confidential information package concerning [The Business], its businesses and projects (the “Information Package”), upon the terms and conditions hereinafter set forth in this letter (the “Agreement”).

The making of an investment by The Company as well as all acts preceding or succeeding such investment, whether committed by The Company or The Business, which are directed towards or related to a potential investment by The Company shall hereinafter jointly be referred to as the “Investment Process”.

In this Agreement, unless the context otherwise requires, the term “The Company” shall include also The Company’s affiliates and The Company’s and its affiliates’ respective directors and employees (“Representatives”).

In case The Company wishes to involve any external party (including inter alia, financial, legal, technical, commercial advisors, financing banks, auditors, etc.) in the Investment Process and/or to give any external party access to the Information Package, The Company shall require the prior written ...