The Letter of Interest to Buy a Business is a crucial initial document in German M&A transactions, serving as a formal expression of interest from a potential buyer to a target company or its owners. It is typically used in the early stages of business acquisition negotiations, before committing to more detailed and binding agreements like a Letter of Intent or Purchase Agreement. The document, while governed by German law, particularly the Civil Code (BGB) and Commercial Code (HGB), helps establish the framework for future negotiations and due diligence processes. It should contain sufficient detail to demonstrate serious intent while maintaining flexibility for negotiation, and typically includes confidentiality provisions, preliminary valuation parameters, and proposed transaction structure. This document is particularly important in the German business context, where formal documentation of preliminary agreements is considered a standard business practice.
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1. Date and Address Block: Formal business letter heading with date and recipient's full business address
2. Introduction: Identifies the writer and their company, establishing the context for the letter
3. Target Business Identification: Clear identification of the business being considered for purchase
4. Expression of Interest: Clear statement of interest in purchasing the business and brief rationale
5. Proposed Transaction Structure: High-level overview of how the purchase might be structured (asset vs. share purchase, rough price range if known)
6. Key Terms: Brief outline of fundamental terms and conditions that would be important to the potential buyer
7. Due Diligence Request: Statement of intent to conduct due diligence and request for access to necessary information
8. Confidentiality Statement: Brief statement regarding the confidential nature of discussions and reference to any existing NDAs
9. Next Steps: Proposed timeline and process for moving forward
10. Closing and Signature: Non-binding nature statement, contact information, and formal signature block
1. Exclusivity Request: Optional request for exclusive negotiation rights for a specified period, used when buyer wants to ensure target doesn't entertain other offers during initial discussions
2. Financing Overview: Brief description of how the purchase would be financed, included when demonstrating financial capability is important
3. Strategic Fit: Detailed explanation of why the acquisition makes strategic sense, used when trying to convince the seller of the buyer's seriousness and capability
4. Management Retention: Preliminary thoughts on retention of existing management, included when continuity of management is important to the transaction
5. Regulatory Considerations: Overview of any major regulatory approvals required, included when dealing with regulated industries or significant transactions
1. Appendix A - Initial Information Request: Preliminary list of key documents and information required for initial evaluation
2. Appendix B - Timeline: Proposed schedule for key milestones in the evaluation and negotiation process
3. Appendix C - Background Information: Overview of the potential buyer's company and relevant experience
4. Appendix D - Proof of Funds: Optional attachment demonstrating financial capability or commitment letters
Relevant legal definitions
Potential Buyer
Target Business
Transaction
Confidential Information
Due Diligence
Purchase Price Range
Exclusivity Period
Business Day
Binding Provisions
Non-Binding Provisions
Closing
Material Adverse Change
Proposed Transaction Structure
Permitted Recipients
Representatives
Group Companies
Intellectual Property Rights
Key Assets
Senior Management
Share Capital
Evaluation Period
Target Business
Transaction
Confidential Information
Due Diligence
Purchase Price Range
Exclusivity Period
Business Day
Binding Provisions
Non-Binding Provisions
Closing
Material Adverse Change
Proposed Transaction Structure
Permitted Recipients
Representatives
Group Companies
Intellectual Property Rights
Key Assets
Senior Management
Share Capital
Evaluation Period
Clauses
Confidentiality
Non-Binding Nature
Transaction Overview
Purchase Price Indication
Due Diligence
Exclusivity
Access to Information
Transaction Timeline
Governing Law
Contact Details
Costs and Expenses
Binding Provisions
Non-Solicitation
Good Faith Negotiations
Regulatory Compliance
Term and Termination
Communication and Notices
Amendment and Modification
Non-Binding Nature
Transaction Overview
Purchase Price Indication
Due Diligence
Exclusivity
Access to Information
Transaction Timeline
Governing Law
Contact Details
Costs and Expenses
Binding Provisions
Non-Solicitation
Good Faith Negotiations
Regulatory Compliance
Term and Termination
Communication and Notices
Amendment and Modification
Relevant Industries
Manufacturing
Technology
Retail
Healthcare
Financial Services
Professional Services
Real Estate
Industrial
Consumer Goods
Energy
Telecommunications
Transportation and Logistics
Media and Entertainment
Hospitality
Construction
Relevant Teams
Legal
Finance
Corporate Development
Mergers & Acquisitions
Strategy
Executive Leadership
Business Development
Due Diligence
Corporate Communications
Risk Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Managing Director
Corporate Development Director
Head of Mergers & Acquisitions
Business Development Manager
Investment Director
Corporate Lawyer
Legal Counsel
Finance Director
Strategy Director
Partner (Professional Services)
Investment Banker
Due Diligence Specialist
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