Ace Business Brokers Buyer Profile & NDA
***RED STARS ARE REQUIRED FIELDS***

This information is required and must be filled in completely before the Seller will release any vital information, including business address, financial due diligence package on file, and other sensitive confidential information.

It will also be used by ♠ Ace Business Brokers to match your buyer profile with future similar businesses our firm has for sale.

Name *
Your answer
Street Address
Your answer
City
Your answer
State
Your answer
Zip Code
Your answer
Email Address *
Your answer
Mobile Number (Or Best Option) *
Your answer
Work Number
Your answer
Fax Number
Your answer
First Time Buyer?
How long have you been searching?
How many months/years have you been searching for a business to buy, or are you constantly on the lookout?
Your answer
Do you have experience in the business you wish to purchase?
Your answer
Past/current work experience or businesses owned
Your answer
Cash available (liquid-for down payment) *
Minimum monthly net at time of purchase *
How much NET income per month is required for you to purchase a business (i.e. is an asset sale or breakeven business ok?)
Your answer
Where would you prefer to own a business? *
Required
What industries are you interested in purchasing in? *
Required
BUYER'S ACKNOWLEDGEMENT OF INTRODUCTION AND CONFIDENTIALITY AGREEMENT
The undersigned Buyer, individually and on behalf of any affiliated prospective buyer, acknowledges being first introduced to and requests Confidential Information about the following business identified herein (Ace Business Brokers' Reference # in Subject Line) by Broker (♠ Ace Business Brokers) or any of the agents working for ♠ Ace Business Brokers (Broker). Such Confidential Information shall be provided to Buyer for the sole purpose of evaluating the possible purchase by Buyer of all or part of the stock or assets of the Business. As used in this agreement (Agreement), the term Buyer (Buyer) applies to the undersigned and any partnership, corporation, individual, or other entity with which the undersigned is affiliated. Buyer agrees as follows:
1. NON-DISCLOSURE OF INFORMATION:
Buyer acknowledges that the owner of the Business (Seller) desires to maintain the confidentiality of the information disclosed. Buyer agrees not to disclose or permit access to any Confidential Information without the prior written consent of the Seller, to anyone other than Buyer's legal counsel, accountants, lenders, or other agents or advisors to whom disclosure or access is necessary for Buyer to evaluate the Business. Disclosure of the Confidential Information shall be made to these parties only in connection with the potential acquisition of the Business, and then only if these parties understand and agree to maintain the confidentiality of such Confidential Information. Buyer shall be responsible for any breach of this Agreement by these parties, and neither Buyer nor these parties shall use or permit the use of Confidential Information in any manner whatsoever, except as may be required for Buyer to evaluate the Business or as may be required by legal process. If the Buyer does not purchase the Business, Buyer, at the close of negotiations, will destroy or return to Broker (at Seller's direction) all information provided to Buyer and will not retain any copy, reproduction, or record thereof.
I have read paragraph 1 and by entering my initials below I agree to be bound by all terms of paragraph 1 *
Please type your initials.
Your answer
2. DEFINITION OF "CONFIDENTIAL INFORMATION":
The term "Confidential Information" shall mean all information including the fact that the Business is for sale, all financial, production, marketing and pricing information, business methods, business manuals, manufacturing procedures, correspondence, processes, data, contracts, customer lists, employee lists, and any other information whether written, oral, or otherwise made known to Buyer; (a) from any inspection, examination, or other review of the books, records, assets, liabilities, processes, or production methods of Seller; (b) from any communication with Seller or Seller's broker, directors, officers, employees, agents, suppliers, customers or representatives; (c) during visits to Seller's premises; or (d) through disclosure or discovery in any other manner.
I have read paragraph 2 and by entering my initials below I agree to be bound by all terms of paragraph 2 *
Please type your intials.
Your answer
3. BUYER'S RESPONSIBILITY AND DISCLAIMER OF BROKER'S LIABILITY:
♠ Ace Business Brokers has received information about this Business from the Seller which may include, but is not limited to, tax returns, financial statements, equipment lists, and facility leases. Based on information provided by sellers, ♠ Ace Business Brokers often prepare a summary description of the business which may include a cash flow projection, an adjusted income statement, or a seller discretionary cash flow statement. Buyer understands that the Broker does not audit or verify any information given to Broker or make any warranty or representation as to its accuracy or completeness, nor in any way guarantee future business performance. Buyer is solely responsible to examine and investigate the Business, its assets, liabilities, financial statements, tax returns, and any other facts which might influence Buyer's purchase decision or the price Buyer is willing to pay. Any decision by Buyer to purchase the Business shall be based solely on Buyer's own investigation and that of Buyer's legal, tax, and other advisors and not that of ♠ Ace Business Brokers. Any costs incurred from consultations with advisors throughout the acquisition period will be the sole and exclusive responsibility of the Buyer.
I have read paragraph 3 and by entering my initials below I agree to be bound by all terms of paragraph 3 *
Please type your intials.
Your answer
4. NON-CIRCUMVENTION AGREEMENT:
The Seller has entered into an agreement providing that Seller shall pay a fee to the listing broker if, during the term of that agreement or up to twenty-four months thereafter, the Business is transferred to a buyer introduced by the listing broker or a cooperating broker. Buyer shall conduct all inquiries into and discussions about the Business solely through Broker and shall not directly contact the Seller or the Seller's representatives. Should Buyer purchase all or part of the stock or assets of Business, acquire any interest in, execute any lease at the Business premises, or become affiliated in any capacity with Business without Broker's participation, or in any way interfere with Brokers' right to a fee, Buyer shall be liable to the listing broker and the cooperating broker for such fee and any other damages including reasonable attorney's fees.
I have read paragraph 4 and by entering my intials below I agree to be bound by all terms of paragraph 4 *
Please type your initials.
Your answer
5. FURTHER TERMS:
Neither Buyer nor Buyer's agents will contact Seller's employees,customers, landlords, or suppliers, nor linger or otherwise observe the Business, without Seller's consent. For three years, Buyer shall not directly or indirectly solicit for employment any employees of Seller. Broker may act as a dual agent representing both Buyer and Seller. Seller and Seller's successors are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. This Agreement can only be modified in writing, signed by both Broker and Buyer. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements between the parties with respect to its subject matter. This Agreement shall be construed under and governed by the laws of the State of California. The venue for any action instituted to enforce any terms of the Agreement shall be in the county in which the Business is located. This Agreement may be signed in counterparts and faxed and electronic form signatures may be considered as originals. If Buyer is a corporation, partnership, or other such entity, the undersigned executes this Agreement on behalf of Buyer and warrants that He/She is duly authorized to do so. Buyer acknowledges receipt of a fully completed copy of this Agreement.
Digital/Physical Signature Required ~ By typing my full name below I agree to be bound by all terms of paragraph 5 and the entire Ace Business Brokers Confiidentiality Agreement *
Please type your full name to validate your acceptance of all terms of this agreement.
Your answer
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