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Lander latest. Uh-oh


DT

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An exclusivity period is just a commitment by the seller not to sell to someone else (during the period). It doesn't create a commitment on either party to actually complete a deal. It's basically assurance for the buyer that they won't waste time and money on due diligence only to find that someone else has nipped in ahead of them.

 

Yet that is exactly what could happen if during the six month exclusivity period talks have been ongoing with another party who accept they'd be unable to complete the purchase until this time has ended.

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Yet that is exactly what could happen if during the six month exclusivity period talks have been ongoing with another party who accept they'd be unable to complete the purchase until this time has ended.

 

Normally, you would also agree not to negotiate with someone else during the exclusivity period as well, so any rival purchaser should still be well behind the curve when the exclusivity ends. And normally you wouldn't enter into the exclusivity period unless you were happy with the buyer. Basically, there's no obvious reason for the seller to grant exclusivity unless they are happy enough with the basic terms agreed with the buyer and willing to sell to them.

 

It's just possible that the seller might be playing some sort of more convoluted game - ie. use the buyer to announce a willingness to sell - but it would be odd.

 

My guess is that when the exclusivity was granted, Liebherr was happy enough to sell to Lander. Information may have come to light in the meantime that means that isn't the case any more, or the failure to complete could simply be because of issues at Lander's end (such as any PL block or inability to pay).

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