This offer will remain open until Xᚨ p.m (typically 5ᚨpm eastern time). on a specified DAY, and DATE, and will automatically expire unless accepted before that time. It is the intention of Buyer to offer employment after the sale to all of Seller's employees (then an employment agreement with terms must be communicated). Typically, some of the obligations, but not limited to that the Buyer and Seller may wish to incorporate to consummate a transaction anticipated by the LOI are: 1.Execution of a definitive Contract for Sale (Asset Purchase Agreement or Stock Purchase Agreement) acceptable to both parties on or before the specified date, which clearly specifies the assets and liabilities to be acquired from Seller by Buyer and contains the customary warranties, representations and other provisions for a transaction.
If your most qualified prospect submits a Letter Of Intent that includes a lower price and more generous terms than you had wanted or a less qualified buyer has submitted a more attractive LOI, then now is the time to negotiate with the stronger prospect. It's almost impossible to improve the deal once you have accepted (by signing) the Letter Of Intent. However, the buyer may find reasons to re_negotiate a lower price during the due diligence phase.