Investment Opportunity for New Brand in World Beer Sector – (Ref. 2056)
An opportunity to take a significant share of a new “World Beer” brand offering global market potential within a growing market.
The product is a premium lager beer in glass, PET and one-way kegs, developed by our contact’s client company, which owns the IP. Its CEO is vastly expereinced in this sector and is a proven builder of businesses and business teams.
Considerable investment has already been made in branding, market testing etc., resulting in highly positive industry feedback across the trade and off-trade, being noted in the top 50 World Beers by an influential UK trade magazine. The product is brewed under license by Belgium’s 2nd largest brewery providing scalable delivery volumes with exceptional quality.
Investment is now sought to fund production and launch to existing and new clients within the UK and EU markets. The number of shares on offer is 500,000 @ £1.00 each with the target investment amount of £500k in return for 59% of issued shares with 1 Board position.
PLEASE NOTE THAT THIS PROJECT IS NOW CLOSED
Turnover Forecast (2014): £2.3m, Gross Profit: £561k, EBITDA: £29k
Turnover Forecast (2015): £10.95m, Gross Profit: £2.3m, EBITDA: £908k
Turnover Forecast (2016): £14.2m, Gross Profit: £2.8m, EBITDA: £1.15m
PLEASE NOTE THAT THIS PROJECT IS NOW CLOSED
Reference No: 2056
Asking Price: £500k
Confidentiality Agreement - Investment Opportunity for New Brand in World Beer Sector – (Ref. 2056) - Ref 2056
We understand that you wish to investigate the business of the above business (the "Company") in consideration of whether to invest in or acquire the Company (the "Permitted Purpose") and that you, your directors and employees, other potential syndicate members or other providers of finance and your financial and professional advisers in relation to the Permitted Purpose, (together referred to as the "Disclosees"), will need access to certain information relating to the Company (the "Confidential Information").
1. In consideration of our agreeing to supply, and so supplying, the Confidential Information to you and agreeing to enter into discussions with you, you hereby represent that you are a person who falls within Article 19 (disregarding paragraph (6) of that Article) or Article 49 (disregarding paragraph 2(e) of that Article) of the Financial Services and Markets Act 2000 (Financial Promotion) Order and undertake and agree as follows:
(a) to hold the Confidential Information in confidence and not to disclose or permit it to be made available to any person, firm or company (except to other Disclosees) without our prior written consent;
(b) only to use the Confidential Information for the Permitted Purpose;
(c) to ensure that each person to whom disclosure of Confidential Information is made by you is fully aware in advance of your obligations under this letter and that, in the case of other potential syndicate members, each such person gives an undertaking in respect of the Confidential Information, in the terms of this letter;
(d) upon written demand from us either to return the Confidential Information and any copies of it or to confirm to us in writing that, save as required by law or regulation, it has been destroyed. You shall not be required to return reports, notes or other material prepared by you or other Disclosees or on your or their behalf which incorporate Confidential Information (Secondary Information) provided that the Secondary Information is kept confidential;
(e) to keep confidential and not reveal to any person, firm or company (other than Disclosees) the fact of your investigations into the Company or that discussions or negotiations are taking place or have taken place between us in connection with the proposed transaction or that potential investors/acquirers are being sought for the Company;
(f) that no person gives any warranty or makes any representation as to the accuracy or otherwise of the Confidential Information, save as may subsequently be agreed.
This paragraph 1 does not exclude liability for, or any remedy in respect of, fraudulent misrepresentation.
2. Nothing in paragraph 1(a) to (f) of this letter shall apply to any information or Confidential Information:
(a) which at the time of its disclosure is in the public domain;
(b) which after disclosure comes into the public domain for any reason except your failure, or failure on the part of any Disclosee, to comply with the terms of this letter;
(c) which is disclosed by us or the Company, its directors, employees or advisers on a non-confidential basis;
(d) which was lawfully in your possession prior to such disclosure;
(e) which is subsequently received by you from a third party without obligations of confidentiality (and, for the avoidance of doubt, you shall not be required to enquire whether there is a duty of confidentiality); or
(f) which you or a Disclosee are required to disclose, retain or maintain by law or any regulatory or government authority.
3. In consideration of the representation and undertakings given by you in this letter, we undertake and agree:
(a) to disclose Confidential Information to you;
(b) to keep confidential and not to reveal to any person, firm or company (other than persons within our group who need to know, our bankers and professional advisers) the fact of your investigation into the Company or that discussions or negotiations are taking place or have taken place between us; and
(c) confirm that any personal information contained or referred to in any of the Confidential Information, has been obtained, maintained and handled and all relevant licences, authorities and consents have been obtained in accordance with all applicable data protection laws, rules and regulations.
4. No term, condition or provision of this letter shall be enforceable under the Contracts (Right of Third Parties) Act 1999 by a person who is not a party to it.
5. English law and obligations:
(a) This letter shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of England and Wales in respect of any claim, dispute or difference arising out of or in connection with this letter.
(b) The obligations in this letter will terminate 18 months from the date of agreement of this letter.