Mutual NDA for an M&A discussion
Startups in acquisition talks get a robust mutual NDA protecting code, financials, and deal terms during due diligence.
See input + output preview
Input
- NDA Context & Purpose
- We are a fintech startup sharing our proprietary trading algorithm with a potential acquirer (a Fortune 500 bank). Discussion will cover source code, customer data, financial projections, and M&A terms. Both sides will exchange sensitive information.
- NDA Type
- Mutual (both parties share confidential info)
- Confidentiality Duration
- 5 Years
- Governing Jurisdiction
- State of Delaware
- Scope of Confidential Information
- Source code, customer data, financial projections, M&A deal terms, trade secrets
Output (excerpt)
MUTUAL NON-DISCLOSURE AGREEMENT 1. Confidential Information includes source code, customer data, financial projections, M&A deal terms, and trade secrets disclosed by either party. 2. Obligations: Each party shall hold the other's Confidential Information in strict confidence, restrict access to a need-to-know basis, and not use it except to evaluate the proposed transaction. 3. Term: Confidentiality obligations survive for five (5) years from disclosure. 4. Exclusions: Information that is public, independently developed, or rightfully received from a third party. 5. Governed by the laws of the State of Delaware.