The Letter Of Intent To Purchase is a crucial document in the pre-acquisition phase of a transaction under Dutch law. It is typically used when a potential buyer has serious interest in acquiring assets, shares, or a business and wants to formalize their intention while maintaining flexibility before the final purchase agreement. The document usually follows initial discussions and precedes detailed due diligence, containing key commercial terms, proposed timeline, and any exclusivity arrangements. While generally non-binding under Dutch law (except for specific provisions), it serves as a roadmap for the transaction and demonstrates commitment from both parties. This document is particularly important in the Netherlands' business-friendly environment, where international transactions are common and require clear frameworks for cross-border negotiations.
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1. Opening and Date: Formal letter opening with date and addressing the receiving party
2. Subject Line: Clear indication that this is a Letter of Intent regarding the proposed purchase
3. Introduction of Parties: Brief introduction of both the potential purchaser and seller
4. Expression of Interest: Clear statement of intention to purchase the specified asset/business
5. Key Terms: Outline of primary commercial terms including proposed purchase price and basic structure
6. Due Diligence: Overview of the proposed due diligence process and requirements
7. Timeline: Proposed schedule for negotiations, due diligence, and completion
8. Exclusivity: Terms of exclusive negotiation period, if applicable
9. Confidentiality: Basic confidentiality obligations regarding the proposed transaction
10. Non-Binding Nature: Clear statement about which provisions are binding and non-binding
11. Closing: Formal letter closing with signature blocks
1. Break Fee: Include when parties want to specify compensation if either party withdraws under certain circumstances
2. Costs: Include when parties want to specify how transaction costs will be handled
3. Governing Law: While Dutch law is applicable, explicit confirmation may be included for international transactions
4. Material Conditions: Include when there are specific conditions that must be met before proceeding with the transaction
5. Financing: Include when purchase is subject to securing specific financing arrangements
6. Employee Matters: Include when the purchase involves transfer of employees or specific employment considerations
1. Asset Schedule: High-level list of key assets included in the proposed purchase
2. Initial Price Calculation: Basic breakdown of how the proposed purchase price was calculated
3. Timeline Schedule: Detailed timeline of key milestones and deadlines
4. Due Diligence Requirements: List of required documents and information for due diligence
5. Exclusivity Terms: Detailed terms of the exclusivity period if applicable
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Manufacturing
Technology
Real Estate
Retail
Healthcare
Financial Services
Professional Services
Energy
Infrastructure
Transport & Logistics
Agriculture
Telecommunications
Media & Entertainment
Construction
Hospitality
Relevant Teams
Legal
Finance
Corporate Development
Mergers & Acquisitions
Strategy
Executive Leadership
Business Development
Operations
Risk Management
Compliance
Treasury
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Managing Director
Corporate Development Manager
Head of Mergers & Acquisitions
Business Development Director
Investment Manager
Legal Counsel
Financial Controller
Strategy Director
Commercial Director
Operations Director
Board Member
General Counsel
Transaction Manager
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