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Acquisition Letter Of Intent Template for Australia

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Key Requirements PROMPT example:

Acquisition Letter Of Intent

"I need an Acquisition Letter of Intent for purchasing a mid-sized Australian technology company, with completion targeted for March 2025 and including a 60-day exclusivity period and provisions for employee retention."

Document background
The Acquisition Letter of Intent is a crucial preliminary document used in the early stages of a potential business acquisition or merger. It serves as a roadmap for the transaction and demonstrates serious intent while allowing parties to maintain flexibility before final commitments. Under Australian law, this document typically includes both non-binding commercial terms and binding provisions such as confidentiality and exclusivity. It's commonly used after initial discussions but before detailed due diligence and definitive agreements. The LOI helps parties align their expectations, establish transaction parameters, and create a framework for negotiations while ensuring compliance with Australian corporate and competition laws. It's particularly important in complex transactions or when dealing with foreign investors where FIRB considerations may apply.
Suggested Sections

1. Date and Parties: Opening of letter identifying the sender and recipient entities with full legal names and addresses

2. Introduction: Brief statement of intent to acquire the target business/assets

3. Transaction Overview: High-level description of the proposed transaction structure and assets/shares to be acquired

4. Purchase Price: Proposed purchase price or price range and payment structure

5. Due Diligence: Outline of the due diligence process, timeline, and requirements

6. Timeline: Key dates and proposed schedule for completion of the transaction

7. Binding/Non-binding Nature: Clear statement of which provisions are binding and non-binding

8. Confidentiality: Binding provisions regarding the confidential treatment of information

9. Exclusivity: Terms of exclusive negotiation period if applicable

10. Closing: Signature blocks and formal closing of the letter

Optional Sections

1. Financing: Include when the acquisition requires external financing arrangements or specific funding conditions

2. Employee Matters: Include when there are significant employment considerations or retention agreements to be addressed

3. Regulatory Approvals: Include when the transaction requires specific regulatory clearances or FIRB approval

4. Break Fee: Include when parties agree to a break fee arrangement for transaction termination

5. Earnout Structure: Include when part of the purchase price is contingent on future performance

6. Asset Schedule: Include when specific assets need to be listed or excluded from the transaction

7. Conditions Precedent: Include when there are specific conditions that must be met before proceeding with the transaction

Suggested Schedules

1. Term Sheet: Summary of key commercial terms and conditions of the proposed transaction

2. Due Diligence Requirements: List of required documents and information for due diligence review

3. Timeline Schedule: Detailed timeline of key dates and milestones for the transaction

4. Asset Schedule: Preliminary list of key assets included in the transaction

5. Exclusivity Terms: Detailed terms and conditions of the exclusivity period if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


























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Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Mining and Resources

Real Estate

Professional Services

Consumer Goods

Energy

Telecommunications

Agriculture

Transportation and Logistics

Media and Entertainment

Relevant Teams

Legal

Finance

Corporate Development

Mergers & Acquisitions

Executive Leadership

Strategy

Business Development

Due Diligence

Corporate Secretariat

Risk Management

Compliance

Tax

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Corporate Development Director

Head of Mergers & Acquisitions

General Counsel

Legal Director

Corporate Lawyer

Investment Banker

Financial Controller

Business Development Manager

Strategy Director

Board Member

Company Secretary

Due Diligence Manager

Integration Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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