Confidentiality agreements are typically employed to protect the disclosures made by target companies to potential purchasers, and to require purchasers to deal with the target before making a bid. It is essential to both sides that confidentiality agreements are drafted carefully in order to avoid adverse consequences, in both M&A and financing transactions. At the same time, in many cases these agreements need to be completed quickly, sometimes without the involvement of internal or external counsel. It is critical that internal counsel and others have reliable tools to allow them to settle confidentiality agreements efficiently and with confidence.
In a 2013 blog post, we highlighted our checklist for building an oil and gas confidentiality agreement that included a list of issues to consider from the perspectives of both the discloser and recipient. We have updated this checklist, also updating our review of common terms found in confidentiality agreements, now based on a review of 50 recent transactions. We are pleased to share the updated Toolkit for Confidentiality Agreements in the Canadian Oil and Gas Sector for M&A and Financing Transactions, and we welcome your comments and feedback.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.