Drafting an oil and gas M&A confidentiality agreement: survey of market terms and checklists

October 18, 2013

Confidentiality agreements are typically employed to protect the disclosures made by target companies to potential buyers and to require buyers to deal with the target before making a bid. As case law has demonstrated, it is essential to both sides that confidentiality agreements are drafted carefully in order to avoid adverse consequences either in the M&A context or in other activity. At the same time, in many cases these agreements need to be completed quickly, sometimes without the involvement of internal or external counsel. It is critical that internal counsel and others have reliable tools to allow them to settle confidentiality agreements efficiently and with confidence.

To that end, we have created a checklist for building an oil and gas confidentiality agreement that includes a list of issues to consider from the perspectives of both the discloser and recipient. We have also included in our toolkit below a review of common terms found in confidentiality agreements, based on a review of 28 recent transactions

DISCLAIMER: This publication is intended to convey general information about legal issues and developments as of the indicated date. It does not constitute legal advice and must not be treated or relied on as such. Please read our full disclaimer at www.stikeman.com/legal-notice.

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