There are various agreements often entered into near the preliminary discussions of a potential merger & acquisition business transaction. Often the first agreement entered into will be a Non-Disclosure Agreement, also referred to as a Non-Disclosure and Confidentiality Agreement, or some variation of those names. The next agreement entered into will be a Letter of Intent or a Memorandum of Understanding, setting out several proposed terms between the parties, but often on a largely non-binding basis. This episode will touch on both Letters of Understanding and Memoranda of Understanding, but will focus on Letters of Intent.
Ideally, clients will seek the input of legal counsel before signing an NDA or LOI, or may even engage legal counsel to prepare an appropriate form of NDA or LOI, but unfortunately that is often not the case. Many times, lawyers are presented with already signed agreements and must do their best to assist clients given the circumstances.
This presentation will feature Scott Waters, Q.C., of Robertson Stromberg in Saskatoon.