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What are the contents of the letter of intent? The letter of intent shall specify whether the purchaser will be buying up all or a substantial amount of the assets of the business and will, in addition, only acquire those liabilities that are part of the operations of the business subsequent to the closing date.

In the majority of cases, a separate NDA (aka confidentiality agreement [CA]) will have been executed between the parties during the initial discussion stage, prior to the drafting of a LOI. An NDA imposes binding obligations of confidentiality that will survive the non_binding letter of intent.

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