1.   If an exparte injunction is to be sought the purchaser should ensure that the exclusivity clause is clear and precise.

2.   If an ex parte injunction is to be sought the purchaser should ensure that the exclusivity clause is clear and precise.

3.   When presented with the draft confidentiality agreement, the purchaser should ensure that there are adequate exemptions to the confidentiality obligation.

4.   The purchaser should ensure that it is not restricted from issuing notices of assignment by any of the announcement or confidentiality restrictions in the sale and purchase agreement.