Kirkland M&A Update Kirkland & Ellis LLP

M&A Update: Letters of Intent — Say What You Mean and Mean What You Say

In this issue of M&A Update, partners David Fox and Daniel Wolf discuss how even careful drafting of "non-binding" language in a letter of intent may not be effective in avoiding unanticipated binding obligations if the parties' conduct, including in respect of the letter of intent itself, is inconsistent with those provisions.