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1. Parties: Identification of all parties to the agreement, including full legal names, company registration numbers, and registered addresses
2. Background: Context of the proposed transaction or relationship, including the purpose of the HoT and any relevant history
3. Definitions: Key terms used throughout the document, ensuring consistent interpretation
4. Non-Binding Nature: Clear statement specifying which provisions are non-binding, with explicit exceptions for any binding provisions
5. Commercial Terms: High-level outline of the key commercial terms and proposed structure of the final transaction
6. Timeline: Proposed timeline for negotiation, due diligence, and completion of definitive agreements
7. Confidentiality: Binding provisions regarding the treatment of confidential information exchanged during negotiations
8. Exclusivity: Any agreed period of exclusive negotiation (if applicable)
9. Costs: Each party's responsibility for their own costs and expenses
10. Governing Law: Specification of New Zealand law as governing law and jurisdiction
11. Execution: Signature blocks and execution details
1. Break Fee: Include when parties agree to a fee payable if one party withdraws from negotiations under specific circumstances
2. Due Diligence: Include when specific due diligence requirements or processes need to be outlined
3. Regulatory Approvals: Include when the proposed transaction requires specific regulatory approvals or notifications
4. Good Faith Obligations: Include when parties wish to include binding obligations to negotiate in good faith
5. Conditions Precedent: Include when certain conditions must be met before proceeding with the final agreement
6. Public Announcements: Include when there's a need to control public communications about the proposed transaction
7. Non-Compete: Include when parties want to establish preliminary non-compete obligations during negotiations
1. Key Commercial Terms Schedule: Detailed outline of the principal commercial terms being considered for the final agreement
2. Timeline Schedule: Detailed timeline with key milestones and deadlines for the negotiation process
3. Contact Details Schedule: Key contact persons for each party involved in the negotiation process
4. Assets/Business Schedule: High-level description of assets or business elements involved in the proposed transaction
5. Due Diligence Requirements: List of required due diligence items and processes if applicable
Real Estate & Property Development
Manufacturing & Industrial
Technology & Software
Financial Services
Professional Services
Healthcare
Retail & Consumer Goods
Energy & Resources
Agriculture & Primary Industries
Construction & Infrastructure
Education
Telecommunications
Legal
Corporate Development
Mergers & Acquisitions
Finance
Commercial
Business Development
Strategy
Operations
Property
Investment
Executive Leadership
Risk & Compliance
Chief Executive Officer
Managing Director
Chief Financial Officer
General Counsel
Legal Counsel
Commercial Director
Business Development Manager
Investment Manager
Corporate Development Director
Head of Mergers & Acquisitions
Property Development Manager
Joint Venture Manager
Strategic Partnership Director
Chief Operating Officer
Project Director
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