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Heads of Terms (Letter of Intent)

Also known as Letter of Intent (LOI), Term Sheet, Memorandum of Understanding (MOU), Heads of Agreement, Heads

Heads of Terms, also called a Letter of Intent, is a short document setting out the main terms a buyer and seller have agreed in principle before the full sale contract is drafted, covering the price, deal structure, conditions and timetable. Most of it is not legally binding, but a few parts usually are, such as confidentiality and a period of exclusivity during which the seller agrees to deal with only that buyer.

Why it matters at exit

The Heads of Terms set the reference price and structure for the whole deal, and after due diligence a buyer is far more likely to argue that figure down than up, so the terms you accept here tend to be the best you will see. Signing usually starts an exclusivity period of roughly eight to twelve weeks, during which you cannot talk to other buyers, so you give up your competitive tension and bargaining power the moment you sign. Detail that owners skip at this stage, such as how an earn-out is measured, how working capital is treated, and how much of the price is deferred, is much harder to change once the lawyers are drafting around it. Treating the document as a formality rather than a negotiation is one of the more common and expensive mistakes owners make.

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Frequently asked questions

Is Heads of Terms legally binding?
Mostly no. The commercial terms such as price and structure are usually stated to be subject to contract, meaning either side can still walk away. A few clauses are normally binding once signed, typically confidentiality, exclusivity, and who pays their own costs, so read carefully which parts commit you and which do not.
Can the price change after I sign Heads of Terms?
Yes. The figure in Heads of Terms is an in-principle price, and the buyer can revise it after due diligence if they find something that concerns them, a practice often called chipping or a retrade. It rarely moves up, which is why agreeing a realistic, well-evidenced price before signing matters so much.

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