looking forward to October19th

Discussion in 'Bulletin Board' started by Dragon Tyke, Oct 16, 2017.

  1. Gol

    Goldthorpe-Red Well-Known Member

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    They can't say anything about it. Do I need to show the quote from Jarvis again? Where he tells me he cannot say anything as there is an NDA in place?
     
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  2. pompey_red

    pompey_red Well-Known Member

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    Because Non Disclosure Agreements prevent either side discussing it!!!!!!!!!!!!!
     
  3. upt

    upthecolliers Well-Known Member

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    How do you know there's a non disclosure agreement in place when Tory rags like the Yorkshire Post and Daily Mail keep coming out with snippets they must get their info from some where, don't you think it would be better if the club came out and said something even it was "we can't say anything on the take over as there's a non-disclosure agreement in place" or " don't believe anything you read in the papers as it's not come from the club" I know the memories going a bit but has the club its self ever said we have had a take over bid on their web site.
     
  4. churtonred

    churtonred Well-Known Member

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    To quote Paul Heckingbottom on more than one occasion when asked about the takeover.
    I don't know anything and even if I did I wouldn't be able to talk about it.
    Is that not clear enough?
     
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  5. Sta

    Stahlrost Well-Known Member

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    As I've said before, most NDAs have a clause which says that the presence or not of an NDA is itself confidential. People may not like it but it is what it is. Stuff in the papers is usually either an unauthorised leak or simply conjecture.
     
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  6. fit

    fitzytyke2 Well-Known Member

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    Just look at last week. The news of "verge of collapse" was reported in the mail, copied by the Yorkshire post and then both local TV news programmes.

    They basically made a news story out of absolutely nothing, because they had nothing to report.

    If anyone is being disrespectful to the paying fans, it's the papers and local news. They should report facts rather than making up stories.
     
  7. Dan

    DannyWilsonLovechild Well-Known Member

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    I refer the gent to the answer I stated previously
     
  8. Ext

    Extremely Northern Well-Known Member

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    A bit lengthy but here's a snippet from an NDA for a company I'm currently looking at buying. KBS are the broker in this deal. Trust me, this deal isn't anywhere near the figures or sensitivity involved with BFC/OCA etc etc. But yes, why don't they just tell us summat ? See clause 7


    1) We shall treat the Confidential Information as being strictly private


    and confidential and shall maintain its status as such;

    2) We shall use the Confidential Information solely for the purposes of

    evaluating the business carried on by The Client with a view to the

    acquisition of The Business or any of the assets or liabilities of The

    Business, and not for any other purpose, including but without limitation

    to gain any commercial advantage over KBS, The Client or the

    Business;

    3) We Shall not at any time disclose or otherwise make available to any

    person any of the Confidential Information other than to:

    3.1) Such of our directors/partners or other members of

    senior management whose knowledge of such Confidential

    Information is essential to achieve a proposed purchase of

    The Business;

    3.2) Any professional advisers acting on our behalf in

    connection with the proposed purchase of The Business;

    3.3) Any other financial institution from which we may seek

    finance for or in connection with the proposed purchase of

    The Business

    3.4) Any other person approved in writing in advance by KBS

    or The Clients;

    4) We shall ensure that any of the persons referred to in paragraphs 3.1

    to 3.4 to whom all or any of the Confidential Information is disclosed

    shall hold it

    strictly confidential and shall not disclose it to any third party except to

    those persons as permitted by paragraphs 3.1 to 3.4, in which event our

    obligation is to ensure the confidentiality of such information

    5) We shall maintain a list of individuals or entities to whom any

    Confidential Information is disclosed and make such list available to

    KBS upon request;

    6) We shall not except with prior written consent from KBS reproduce

    the Confidential Information (in any format in whole or in part) and we

    shall, whenever requested by KBS, return, immediately all matter in

    tangible form which constitutes the Confidential Information, or any part

    of it, together with all copies (whether supplied to or made by us) and

    we will destroy (and ensure that any persons referred to in paragraph 3

    above to whom Confidential Information has been imparted confirms to

    you in writing that they have destroyed) any analysis, compilations,

    studies, reports and other documents or materials prepared by us or on

    our behalf which reflect or are prepared from any of the Confidential

    Information;

    7) We shall not at any time disclose to any third party the fact that

    negotiations/discussions are taking place or have taken place

    concerning the proposed purchase of The Business or any of the terms

    or conditions;


    8) We confirm that we will not from the date hereof until two years from

    the termination of negotiations (except in the course of completion of

    the proposed purchase of The Business), whether by use of the

    Confidential Information or otherwise, make contact or approaches of

    any kind (unless such contact or approaches have been proven to have

    been made prior to and independently of this undertaking) to the staff,

    customers or suppliers of The Client or The Business or any

    governmental or regulatory body nor with any other person connected

    with your Clients without your or your Clients’ prior knowledge and

    written consent;

    9) We shall not from the date hereof until two years from the termination

    of negotiations (except in the case of completion of the proposed

    purchase of The Business) seek to entice away from The Business or

    The Client any employee, officer or contractor (other than by way of a

    bona fide job advertisement) of The Client or The Business or otherwise

    seek to interfere with The Business or The Client.

    10) We shall notify you promptly upon becoming aware of any

    unauthorised disclosure, copying, use or loss of all or any part of the

    Confidential Information and we accept that we shall be responsible for

    any breach of any of the terms of this Undertaking by us or those

    persons to whom we provide the Confidential Information.

    11) We are acting in this proposed purchase of The Business as

    principal and not as agent or broker for any other person or company

    and that our interest is in acquiring The Business for the purposes of

    our business.

    12) We will not and have not entered into any agreement in reliance

    upon any representation, written or oral, made by KBS or The Client or

    made on their behalf.

    13) The delivery to us of any information (including, without limitation,

    budgets and financial forecasts and projections which may form part of

    the Confidential Information) does not, and shall not be deemed to,

    constitute any representation or expression of opinion or warranty by

    you or your Client as to its accuracy or completeness.

    14) KBS will not be liable for any loss or damage suffered or incurred by

    us as a result of the supply by KBS, The Client or The Clients advisers

    and the use by us of any information, including the Confidential

    Information, (in particular but without limitation) as a result of any errors

    or inaccuracies in any of the information.

    15) Our negotiations (if any) with The Client shall not be conducted in

    such a way or manner so as to interfere with The Client's contractual

    obligations to KBS in respect of (but not limited to) fees payable to KBS.

    16) Nothing contained in this Undertaking shall compel KBS to provide

    us with information relating to The Business or The Client which we

    request and KBS shall be entitled at its discretion to decline to supply us

    with all or any information.

    17) Nothing contained in this agreement shall in any way restrict our

    right to use, disclose or otherwise deal with any of the Confidential

    Information if and to the extent that:

    17.1) it is in the public domain in substantially the same

    combination as that in which it was disclosed to us other than

    as a result of a breach of this agreement or any other

    obligations of confidentiality;

    17.2) it is or was lawfully received from a third party not

    under an obligation of confidentiality with respect thereto;

    17.3) it is required to be disclosed under operation of law, by

    court order or by any regulatory body of competent

    jurisdiction (but then only to the extent and for the purpose

    required);

    17.4) it is approved for disclosure by KBS or The Client in

    writing;

    provided always that we shall provide you with at least ten

    (10) days' written notice of our intention to rely upon one or

    more of these exceptions, such notice specifying details of

    the exception to be relied upon and the information

    concerned.

    18) Damages may be a wholly inadequate measure of loss in the event

    of any breach of the terms of this Undertaking and accordingly we agree

    that in such event KBS and/or The Client shall be entitled to seek

    specific enforcement of these terms (by injunction or otherwise) on such

    terms as any Court with jurisdiction may deem just and proper.

    19) Any failure by KBS and/or The Client at any time to enforce or

    exercise any of their rights under this Undertaking will not be construed

    as a waiver of their right to enforce or exercise that right in future or

    other rights under this Undertaking at any time.

    20) The invalidity or unenforceability of any provision or part of provision

    of this Undertaking shall not affect in any way the remaining provisions,

    which shall be construed as if such invalid or unenforceable part did not

    exist.

    21) This Undertaking is governed by and shall be construed in

    accordance with English Law and each party submits to the nonexclusive

    jurisdiction of the Courts of England and Wales.

    By completing this agreement you are creating a legally binding

    contract irrespective of your chosen method of delivery (including

    post, fax or email) of the signed document
     
  9. Sta

    Stahlrost Well-Known Member

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    Surely you have broken that clause by posting it on here ha?

    Seriously though, that explains exactly why we will not hear anything other than tittle-tattle until the deal is complete. If indeed negotiations are still ongoing. In the meantime life goes on.
     
  10. Ext

    Extremely Northern Well-Known Member

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    Oops, it's standard wording though, it never mentions Newcastle United...
     
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  11. Sta

    Stahlrost Well-Known Member

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    "Vot is your name?". "Don't tell him, Pike".

     
  12. Red Watch

    Red Watch Active Member

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    Clause 1 and 10 say enough about the lack of takeover info
     
  13. Micky Finn

    Micky Finn Well-Known Member

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    You're right, it was a Tuesday.
     

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