Confidentiality Agreements
These forms were curated by Erik Lopez. Erik is an M&A lawyer with over 23 years of domestic and cross-border, public and private M&A experience. He has successfully closed hundreds of deals totaling tens of billions of dollars in value for a global client-base. He is a graduate of the University of Chicago and New York University School of Law.
Confidentiality agreements are agreements requiring one or more parties to maintain certain information and materials in confidence and not to use such information or materials in any manner other than as intended. They are frequently entered into at the beginning of discussions regarding potential M&A transactions and are generally intended to protect the target company’s information (referred to as “one-way” confidentiality agreements), though they may protect both parties’ information (referred to as “mutual” confidentiality agreements). One-way agreements are most common in transactions in which the buyer is paying cash to acquire a target business. Mutual agreements are most common when the buyer will need to share confidential information with a target company or seller, such as when all or a portion of the purchase price will consist of buyer stock or other ownership interests.
Form of Short, One-Way Confidentiality Agreement – Individual Recipient
Extremely simple, pro-discloser, one-way non-disclosure agreement containing optional, bracketed language. Intended for early-stage discussions with a potential employee or individual service provider. Length: 1 page | Format: Microsoft Word
$25 - PurchaseView SampleForm of Short, One-Way Confidentiality Agreement – Entity Recipient
Extremely simple, pro-discloser, one-way non-disclosure agreement containing optional, bracketed language. Intended for early-stage discussions with a potential commercial service provider. Length: 1 page | Format: Microsoft Word
$25 - PurchaseView SampleForm of Confidentiality Agreement Between Potential Parties to Unsolicited Public M&A Transaction – Fully Negotiated
Governs the treatment of existence of, and information exchanged at, a preliminary meeting between parties to discuss a potential transaction. Does not contain a standstill but does contain a broad indemnity and entitlement to injunctive relief. Length: 2 pages | Format: Microsoft Word
$25 - PurchaseView SampleForm of Confidentiality Agreement – One-Way; Public Company Discloser – Very Short
A bare-bones form of confidentiality agreement. Length: 1 page | Format: Microsoft Word
$25 - PurchaseView SampleForm of Confidentiality Agreement – One-Way; Public Company Discloser
Reasonable one-way non-disclosure agreement. Includes an employee non-solicitation provision and submission to jurisdiction in California. Appropriate for use by private companies or by companies outside of California with minor modifications. Length: 4 pages | Format: Microsoft Word
$25 - PurchaseView SampleForm of Confidentiality Agreement – Mutual; Public Company Parties
Reasonable mutual non-disclosure agreement containing optional, bracketed language. Includes an employee non-solicitation provision. Appropriate for use by private companies or by companies outside of New York with minor modifications. Length: 5 pages | Format: Microsoft Word
$25 - PurchaseView SampleForm of Confidentiality Agreement – Mutual; Public Companies
Reasonable mutual non-disclosure agreement containing optional, bracketed language. Includes an employee non-solicitation provision and submission to jurisdiction in California. Appropriate for use by private companies or by companies outside of California with minor modifications. Length: 4 pages | Format: Microsoft Word
$25 - PurchaseView Sample