Confidentiality and Non-Disclosure Agreement
(Loan Transaction)

Summary

This template is a unilateral confidentiality and nondisclosure agreement that establishes the contractual framework under which the parties to a loan transaction treat sensitive, proprietary, and confidential information during the due diligence process and throughout the negotiation of the definitive agreement. This template includes practical guidance and drafting notes. In order to facilitate a potential loan transaction, the prospective borrower will need to provide the prospective lender with information about its business. This agreement provides that the prospective lender may use the materials it receives solely in connection with its evaluation of the proposed transaction. It also provides the prospective borrower with remedies in the event the prospective lender violates the agreement.