Forest Hills Capital is a lower middle market private equity firm seeking great companies to invest in. We’d love to partner with owners and entrepreneurs to take their lower middle market, family businesses to the next level. If you’re looking to work with a great financial partner like us that can provide you with liquidity capital and resources to accelerate the growth in your business, then submit your company transaction to us for evaluation.
We thank you in advance for submitting your transaction for consideration. All information submitted, and any subsequent conversations or information delivered to us will be held in strict confidence.
If you have any questions, please do not hesitate to call us at 718-997-0799 during normal business hours.
WHEREAS, the parties hereto intend to collaborate in the review, valuation, due diligence, marketing and/or other aspects of strategic transactions, investments, acquisitions and sales of target companies;
WHEREAS, in the course of such collaborations, the Company may make available to the Recipient confidential, proprietary or other information that Company has developed for its proprietary and professional use;
NOW THEREFORE, the parties intending to be legally bound agree:
1.Proprietary Nature of Information. Recipient acknowledges and agrees that Recipient may be provided or become aware of certain confidential, proprietary and other information of the Company, including, without limitation, business plans, profits, income, expenses, know-how, show-how, patents, copyrights, trademarks, processes, methods, customer lists, investor lists, price lists, target company lists, and other property relating to the personal, financial, business, or other affairs of the Company and its officer, employees, directors and shareholders, and that such information and material are valuable, special and unique assets of the business of the Company. Recipient agrees that all such information and material disclosed or discussed with Recipient on this date, and all subsequent such disclosures and discussions relating to the above subject matter, is proprietary to the Company and that such disclosures and discussions shall be and remain confidential.
2. Non-Circumvent and Limited Use of Information. Recipient agrees that the information and material referred to in paragraph one (1) is disclosed, and will be disclosed, to Recipient for the Recipient’s sole use for the limited purpose of evaluating the possible strategic transactions referenced herein and that the conveyance of this information and material to Recipient does not constitute a general release of, or license to use, such information and data for any purpose other than the evaluation of the target company. Recipient agrees not to use the information or material referred to in paragraph one (1) for any other purpose whatsoever, including, but not limited to, in competition with, or competing with the Company, either directly or indirectly. Recipient may not contact directly any investors, joint venturers, or companies contemplated in transactions without Company’s written authorization. In no case, may Recipient transact directly with companies or employees involved in the potential transactions.
3. Non-Interference. Recipient hereby covenants that it will preserve the confidentiality of all proprietary and confidential information of the Company and will not now or in the future disrupt, damage, impair or interfere with the business of the Company whether by way of disrupting its relationships with customers, agents, investors, partners, joint venturers, representatives, target companies or vendors, interfering with or raiding its employees, or otherwise.
4. Confidentiality of Information. Recipient agrees to keep all of the information and material provided to, made available to, or communicated to Recipient confidential concerning the possible investment in the Company, and not to communicate or disclose any of such information and materials to any persons or entities except to employees of Recipient who have a need to know all or part of the information and material for the limited use and purpose referred to in paragraph two (2). Recipient shall make such disclosure to each such employee limited to that portion of the information and material disclosed that the employee needs to know. Recipient shall inform each such employee of the provisions of this Agreement and shall be responsible for insuring that each such employee shall abide by these provisions set forth in this Agreement and as required by law.
5. No Other Use of Information. Recipient agrees not to use any of the information and materials conveyed to Recipient for its own benefit or for the use or benefit of any other person or entity or for any reason, directly or indirectly, other than for the limited purpose set forth in paragraphs two (2) or three (3).
6. No Unauthorized Reproduction. Recipient agrees not to reproduce or make any copies of any of the information or materials disclosed, communicated or provided to Recipient without the prior written approval of the Company and all information and materials, together with any copies made shall be returned to the Company upon completion of the limited permitted use, which, in any case, shall be within 30 days of the execution of this Agreement, if not sooner recalled by the Company.
7. Breach. In the event of a breach or threatened breach by Recipient of this Agreement, the Company shall be entitled to an injunction, without bond or other security, restraining the undersigned from using or disclosing, in whole or in part, such confidential information and material. For this purpose, Recipient acknowledges and agrees that Recipient is subject to the jurisdiction of the courts of the State of New York. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other available remedy for such breach or threatened breach, including the recovery of damages. In any case, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs and expenses.
8. Miscellaneous. Nothing in this Agreement shall be construed as requiring the Company to disclose all or any particular information or material related to the business or financial affairs of the Company, and by entering into this Agreement, the Company is not representing or warranting that it has provided all of the same.
9. Exceptions. Notwithstanding anything contained herein to the contrary, Recipient shall be under no obligation to keep confidential any information that (i) is now, or hereafter is (through no fault of the Recipient), in the public domain, (ii) is disclosed to the Recipient from a person who is not under any obligation of confidentiality to the Company, (iii) is in the possession of the Recipient prior to its disclosure to Recipient by the Company, or (iv) is required by law or court process to be disclosed.
I Agree By submitting this form with the above information, you affirm that you meet and agree to the above confidentiality requirements, additional terms and releases*