Southern Business Advisors, LLC

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Confidentiality Agreement & Agency Disclosure

 

In connection with the possible acquisition by you of the following business:

 

 

__________________________________________________________

 

The undersigned prospective purchaser(s) (the “Buyer”) hereby requests confidential information, currently and from this time forward, on businesses

represented by Southern Business Advisors. Buyer hereby acknowledges that Southern Business Advisors first provided such information to the Buyer. In consideration of Southern Business Advisors having provided such information, the Buyer hereby agrees:

 

1.        The Seller will be providing confidential information (financial statements, sales/marketing literature and other information) to the Buyer solely for the purpose of evaluating the company being sold. It is further understood that this confidential information shall not be used for the purpose of gaining or detecting any trade secrets or any other competitive advantage.

 

It is hereby agreed that this confidential information including any analysis or other documents incorporating confidential information, will not be used by us or our agents (including our counsel, accountants, appraisers and investment bankers) in a way that is commercially detrimental to the business and that such information will be kept confidential. We shall be responsible fot any breach of this information by our agents, representatives or employees.

 

All copies of any information provided shall be promptly returned to Southern Business Advisors or the Seller upon either of our request.

 

2.        Unless we agree otherwise in writing, you will not disclose or reveal any proprietary information for five years from the date to any person(s) or

entity(s) other than your employees or representatives who are directly participating in the evaluation of this information for any purpose other than in connection with a proposed acquisition. Any of your employees or representatives who have knowledge of any proprietary information are also covered under this confidentiality agreement.

 

3.        if you decide that you do not wish to pursue the proposed acquisition, you will advise us of this fact and return to us all proprietary information

furnished to you without keeping copies of it.

 

4.        Buyer further acknowledges that all information and materials on each business opportunity provided by Southern Business Advisors have been

provided to Southern Business Advisors by the seller of the business.

 

The seller believes the information to be true and accurate; however, accuracy is not guaranteed and all information should not be considered complete. While statements may be presented concerning a matter of opinion, whether or not so identified, these are only statements of opinion. Southern Business Advisors makes no representations or warranties, expressed or implied, regarding the information provided to the Buyer. All information provided to the Buyer is for confidential use and is to be used solely for the purpose of evaluating a business opportunity as a potential buyer.

 

5.        The Buyer acknowledges that Southern Business Advisors is acting as an agent of the seller and all fees due Southern Business Advisors are, and

will be, the responsibility of the Seller, unless otherwise agreed in writing.

 

6.        You also agree that you and the seller will be jointly liable for paying the commission to Southern Business Advisors if you, as a stockholder, officer,

manager, partner, lender or sole purchaser, become a participant in the purchase of seller’s business within 2 years of the termination of the listing agreement between the Seller and the Broker. You will only be liable for the commission if you are a participant in purchasing the company, without going through the broker.

 

7.        You also acknowledge that if you violate this confidentiality agreement, you may be sued for damages in a court of law for breach of this

agreement. The performance and construction of this agreement are governed under the laws of the State of South Carolina.

 

 

Authorized Southern Business Advisors Agent:_______________________________________________

 

Print Buyer’s Name(s):

 

                                ____________________________________________________________________Title:________________________________

 

 

                Signature:____________________________________________________________________Date:_______________________________

 

 

                                _____________________________________________________________________Title:_______________________________

 

 

                Signature:____________________________________________________________________Date:_______________________________

 

               

 

 

Company Name:___________________________________________________________________________________________________________

 

 

             Address:_______________________________________________________City:______________________State:_____Zip:____________

 

 

Phone: (Home)_______________________(Work)___________________________(Fax)__________________(Cell_______________________

 

 

E-Mail Address:___________________________________________________________________________________________________________

 

 

Note: Please review, sign and fax back to Southern Business Advisors Fax # 843-627-3202