MUTUAL NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT
THIS AGREEMENT is entered into as of the date of electronic submission or execution (the "Effective Date"),
BETWEEN: XITO CAPITAL PARTNERS LTD., a corporation incorporated under the laws of Alberta, having its registered corporate presence in Calgary, Alberta (hereinafter referred to as "Xito Capital"),
AND: The entity or individual identifying themselves via the Xito Capital secure intake network (hereinafter referred to as the "Counterparty").
Collectively referred to as the "Parties," and individually as a "Party."
1. Purpose of Disclosure
The Parties wish to explore a potential business relationship or transaction involving corporate finance structuring, asset-backed debt placement, cash-flow lending advisory, or Quality of Earnings verification (the "Transaction"). In connection with the Transaction, either Party (the "Disclosing Party") may disclose proprietary financial, operational, and structural data to the other Party (the "Receiving Party").
2. Definition of Confidential Information
"Confidential Information" means all non-public, proprietary, or confidential information disclosed by the Disclosing Party, whether oral, visual, written, or electronic. This includes, without limitation: historical and projected financial statements, normalized EBITDA metrics, asset registries, accounts receivable ledgers, tax histories, buyer/seller identities, and deal structures.
3. Obligations of the Receiving Party
The Receiving Party agrees to: maintain the absolute confidentiality of the information with the same degree of care it uses for its own high-value proprietary data (and no less than a reasonable standard of care); use the Confidential Information strictly to evaluate, structure, and execute the potential Transaction; and restrict access to the information solely to its executive officers, partners, and specific financing affiliates (including Unity Global Financial) who have a strict "need-to-know" and are bound by identical professional confidentiality constraints.
4. Exclusions from Confidentiality
This Agreement does not apply to information that: (a) is or becomes publicly available through no breach by the Receiving Party; (b) was already known to the Receiving Party prior to disclosure; or (c) is independently developed without reference to the Disclosing Party's Confidential Information.
5. Term and Termination
This Agreement remains in effect for a period of three (3) years from the Effective Date, notwithstanding any earlier termination of the business discussions regarding the Transaction. Upon written request, the Receiving Party will promptly return or securely destroy all digital copies of the Confidential Information.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives.
Print / Save as PDFThis is a general template provided for convenience and does not constitute legal advice. Xito Capital Partners recommends independent legal review before execution. See also our Privacy Policy & Confidentiality disclaimer, or contact us with questions.