No-Shop Clause

A No-Shop Clause is a provision in a letter of intent or definitive M&A agreement that restricts the seller/target from soliciting or engaging with other potential buyers for a defined period, subject to negotiated fiduciary outs in some cases. In deal process, a No-Shop Clause increases buyer deal certainty, and the No-Shop Clause is often paired with exclusivity periods, termination fees, and information-sharing controls.