An Exclusive Letter of Intent (LOI) is commonly used in Singapore business transactions as a preliminary step before entering into a definitive agreement. It serves to document serious intent while providing the potential buyer or investor with exclusive negotiating rights. The document typically includes key commercial terms, exclusivity period, confidentiality obligations, and conditions precedent. Under Singapore law, certain provisions of the LOI (such as confidentiality and exclusivity) are typically binding, while others remain non-binding until a definitive agreement is executed. This document is particularly crucial in complex transactions where parties need to secure exclusive negotiating rights while conducting due diligence.
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1. Date and Parties: Identification of sender and recipient with full legal names and addresses
2. Purpose Statement: Clear statement of intent and transaction overview
3. Key Terms: Essential business terms and conditions being proposed
4. Exclusivity Period: Duration and scope of exclusive negotiating rights
5. Binding vs Non-binding Provisions: Clear distinction between enforceable and non-enforceable terms
6. Confidentiality: Terms regarding confidential information handling
7. Expiration Date: Clear deadline for acceptance or expiry of the LOI
1. Due Diligence: Terms for conducting due diligence investigations - use for complex transactions requiring detailed investigation
2. Break Fee: Compensation if either party terminates negotiations - use for high-value transactions with significant preparation costs
3. Deposit Terms: Details of any required deposits or earnest money - use when financial commitment is required upfront
1. Term Sheet: Summary of key commercial terms being proposed
2. Timeline: Proposed schedule for completion of transaction
3. Required Approvals: List of regulatory or third-party approvals needed
Relevant legal definitions
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