Confidentiality Agreement s6

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Confidentiality Agreement s6

CONFIDENTIALITY AGREEMENT In connection with the possible acquisition by You, TYPE YOUR NAME OR COMPANY HERE. (the Prospective Purchaser) of THE HARDWARE & PLUMBING STORE. BRONX NY. (Name of the Business or Company) & other Businesses, we (Elkin & Lee Realty & Business Advisors) who has an address of 173 West 78th Street Suite 14B New York, NY 10024 will be furnishing you information regarding this business, its financial condition, operations and prospects of the Company. In consideration of obtaining this proprietary information, you agree: 1. All the propriety information furnished by us or the Company to you will be confidential. 2. Unless we agree otherwise in writing, you will not disclose or reveal any proprietary information for five years from the date to any person(s) or entities other than your employees or representatives who are directly participating in the evaluation of this information for any purpose other than in connection with a proposed acquisition. 3. If you decide that you do not wish to pursue the proposed acquisition, you will advise us of this fact and return to us all proprietary information furnished to you without keeping copies of it*. 4. Although you understand that we and the Company have included in this proprietary information certain information which we consider to be relevant for the purpose of your investigation, we do not make any representation or warranty as to its accuracy or completeness. 5. You acknowledge that we represent the Seller. Although in some cases we may represent both the Seller and You (Prospective Purchaser) making us a dual representation of both parties and you understand and agree to that. 6. Prospective Purchaser represents, warrants and agrees that Prospective Purchaser will not, for a period of two (2) years from today’s date, enter into any agreement (herein defined as an offer to purchase, a letter of intent or any similar document) for the optioning, lease, exchange, or purchase of the Business (or any related business), its capital stock or assets, or any portion thereof, either as an individual, member of a partnership, officer, director, employee or stock holder of a corporation, or in any other capacity (nor will Prospective Purchaser assist or promote in any way anyone else entering into such an agreement) unless said agreement contains a provision wherein the parties thereto acknowledge that Owner’s Agents is the procuring cause of such agreement and Owner’s Agents is the only person or legal entity entitled to the Professional Service Fee (“Fee”) based on the total sales price. Further, in the event the Prospective Purchaser circumvents the Owner’s Agent (Goes directly to the Seller) and does acquire an interest in the enterprise either directly or indirectly as outlined above, the Prospective Purchaser agrees to pay Owner’s Agents a professional services fee of Ten Thousand ($10,000.00) dollars or TEN percent (10%) of the purchase price or investment at the closing date of the transaction, whichever is greater, by certified check or wire payable to Elkin & Lee Realty & Business Advisors or in the equivalent value of shares of a publicly traded stock. Prospective Purchaser will be personally liable for the fee and will not alter the amount or percentage due (commission). (If you comply with the above, SELLER pays the commission)

7. If you are in agreement, please complete this form and indicate your acceptance.

Agreed to and accepted:

Signature: Date: /2016

Name (please print):

Street Address:

City, State, Zip Code:

Daytime Phone (include area code: Fax:

Email To: [email protected] OR Fax: 201-568-5401

Email:

Email To: [email protected] OR Fax: 201-568-5401

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