Confidentiality

Agreement

BETWEEN

Potential Purchasers, Investors and Professional Advisors

AND

Globe Business Broking (Anthem NZ Limited licensed under REAA 2008)

In consideration of Globe Business Broking (Anthem NZ Limited licensed under REAA 2008) entering into discussions relating to the possible acquisition of the assets or shares of any business(es) presented to me, I/We now agree and undertake as follows:

 

  1. To treat as totally confidential the identity of the business disclosed and any details as to its operation or financial accounts;
  2. Not to disclose the identity or any details of the operation or financial accounts to any third party (except My/Our accountant or legal advisor who shall agree to respect this requirement for confidentiality unless expressly authorised in writing by the Vendor or by Globe Business Broking;
  3. Not to approach the vendor of any business disclosed to Me/Us by Globe Business Broking, or the business’ staff, customers or suppliers without prior arrangement with Globe Business Broking, and to refer all queries through Globe Business Broking;
  4. We acknowledge that Globe Business Broking is the introducing agent and that all offers and deposits for the business, shares or property will be conducted through Globe Business Broking;
  5. If I/We, as a potential buyer breach clause 4 of this agreement and buy directly or indirectly this business from the vendor of the business quoted, then I/We, the buyer and the buyer’s Director, will be responsible for any loss of commission due to Globe Business Broking;
  6. If I/We, as a potential buyer, breach clause 1, 2 or 3 of this agreement, I/We undertake to indemnify Globe Business Broking against any actions, proceedings, costs, claims, demands or liabilities which may suffer in consequence of that breach;
  1. All information received will be for the sole purpose of assessing the viability, financial details and business affairs of the business(es) and that the interested party has requested such confidential information as it has a possible intent to acquire by purchase that business;
  2. If I/We decide not to proceed with the investment, I/We agree to immediately return to Globe Business Broking all written information supplied and retain no copies, and to delete any electronic records including all emails and attachments related to the business;
  3. Acceptance by Electronic Mail: Execution of this Agreement and transmission between the parties by electronic signature and email response each to the other or their representative will constitute offer and acceptance and satisfy the requirements of Section 5 of the Electronic Transactions Act 2002;
  4. By submitting this Agreement and providing my email address, I/We agree to receive communications from Globe Business Broking unless otherwise indicated;
  5. The interested party understands that all information supplied has been sourced from the Vendor and to the maximum extent permitted by law neither Globe Business Broking nor its salespeople or employees are liable for the accuracy of such information and furthermore the intending Purchaser is advised to make their enquiries as to verifying the accuracy of such information and the accuracy and authenticity of any such financial or other pertinent information supplied.  Globe Business Broking is merely passing over information as provided by the Vendor or the Vendor’s agents.  The information has been sighted and approved by the Vendor.
  6. The obligations of this Confidentiality Agreement shall continue in force without any limit in point of time notwithstanding that no Sales Purchase Agreement is entered into by the Interested Party for the Business.

Please note that the completion and acceptance of the Confidentiality Agreement is not necessarily a right to full disclosure.

Globe Business Broking
Anthem NZ Limited licensed under REAA 2008
Level 15, 12-26 Swanson Street
Auckland 1010

Phone 09 280 3161            Mob 027 610 9673