Please provide a summary of all material litigation.
Licenses and Permits
Please provide a summary of all permits, licenses, and other authorizations that are required for the Target to conduct its business and copies thereof, including any required export control licenses.
Please provide copies of all agreements or instruments that place restrictions or encumbrances on assets (including property) of the Target (including security agreements and judicial or administrative orders).
Material Contracts - Termination
Please provide copies of all material contracts that are terminable upon a change of control or other corporate transaction.
Material Contracts - Restrictive Covenants
Please provide copies of all contracts that restrict the Target's right to conduct its business (e.g., non-compete, non-solicitation, geographical restriction, pricing restrictions/most favored nation, etc.).
Material Contracts - Continuing Obligations
Please provide copies of all contracts under which the Target has any continuing obligations (e.g., covenants, indemnification, etc.).
Material Contracts - Take or Pay
Please provide copies of all contracts that include a "take of pay" provision or that otherwise provides for guaranteed revenue. Please also include details of profitability derived from any such revenue.
Please provide copies of all indemnification agreements between the Target and any officers, directors or agents thereof.
Please provide a summary of the Target's compliance program and copies of all policies, procedures and other documentation related thereto (e.g., code of conduct, anti-corruption, anti-trust, export control, etc.).
Bad Actor Confirmation
Please confirm that neither the Target nor any of its diretors, officers, or signifcant shareholders is subject to any of the "Bad Actor" disqualifications described under Rule 506(d) of the Securities Act.
Please confirm that the Target is not, and has not been, restricted from doing business under OFAC regulations or any other similar regulation.
Please confirm whether the Target has any direct or indirect presence and/or other engagements (including sales of product or the provision of services) involving any country or person subject to any embargo or sanctions imposed by the U.S. government or any other applicable governmental authority.
Please provide a summary of all material regulations applicable to the Target and/or its business, including any anticipated changes thereto.
Please provide copies of any material correspondence with any regulatory agencies or authorities.
Please provide a summary of all product recalls conducted by the Target in the last 5 years.
Please provide a summary of all material warranty claims brought within the last 5 years.
Please provide a summary of the Target's policies and procedures regarding quality control and assurance, including copies of any certifications maintained by the Target with respect thereto