Friday, February 3, 2012

Sushant Contract Training Series : Part 3


Letter of Intent (LOI)

An agreement to enter into an agreement

Parties may not be bound by any terms of the LoI in the event of
failure of negotiation and no definitive agreement is reached.

An agreement with open terms

Parties will be bound by an implied contract based on the basic
terms stated in the LoI even if they fail to reach a definitive
agreement.

LoI may be a binding contract depending on the terms and clauses used in
the LoI.


Functions of LoI

Expresses a convergence of will between the parties, indicatingS
an intended common line of action.

Clarify key points of a complex transaction for the convenience
of the parties

Declare that parties have entered into negotiation

Provide exit mechanism in the event of failure of negotiation

Provide safeguards in the event of failure of negotiation

Provides for exclusivity (during process of negotiations)....to be contd

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