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A non-disclosure agreement (NDA), also known as a confidentiality agreement, is typically the first binding contract in a merger and acquisition (M&A) transaction. Its purpose is to protect the confidentiality of information shared between the buyer and seller. The NDA may impose obligations solely on the buyer or mutually on both parties. It primarily benefits the seller and the target company, as they share sensitive information to facilitate the M&A process. Premature leaks of the deal can harm their business, employees, customers, and suppliers, especially if the target is a publicly listed company, exposing them to further risks.
