Auction sale process letter—private M&A

The following Corporate precedent provides comprehensive and up to date legal information covering:

  • Auction sale process letter—private M&A

Auction sale process letter—private M&A

Letterhead of corporate finance advisors

[insert name of recipient]

[insert address of recipient]

[insert date]

Dear [insert name]

Sale of [Insert name of company or business] (target)

We enclose copy number [insert number] of a confidential information memorandum (Information Memorandum) for the Target. The Information Memorandum is provided to you in commercial confidence and in accordance with the terms of the confidentiality [letter OR agreement] signed by you on [insert date], a copy of which is also enclosed.

The Information Memorandum has been or will be sent to other select parties, all of whom will be bound by similar confidentiality arrangements. The purpose of the Information Memorandum is to assist you and such other parties in deciding whether or not to enter into negotiations to acquire [the whole of the issued share capital of the Target [or part thereof] OR some or all of the business and assets of the Target].

    1. 1

      Your Proposal

      Please forward your proposal in writing for the acquisition to our offices by [insert time] on [insert date]. Your proposal should cover the following:

      1. 1.1

        The price you are prepared to pay for the Target in [Pounds Sterling OR [insert alternative currency]] or a formula for determining the price, subject to contract, including that you are prepared to acquire [the whole [or part] of the issued capital of the Target OR [certain specified OR

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