CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement (this "Agreement") is made and entered into as of 2 January 2025 (the "Effective Date"), by and between CG Capital Advisory Limited, a company incorporated in the Kingdom of Thailand and having its registered head office at 306 Silom Road, Suriyawongse Sub-district, Bangrak District, Bangkok, Thailand ("Disclosing Party") and , a Thai national (“Receiving Party”).
The Receiving Party has requested information concerning the Disclosing Party and funds and investment vehicles which are directly or indirectly advised by the Disclosing Party or are its affiliates or related parties, which may be currently existing or formed in the future (collectively, “Fund Entities”), and has agreed to keep confidential all information, whether provided in written, oral or electronic form, and whether or not such information is identified as confidential, provided or to be provided by the Fund Entities, including organizational and investment structures, materials, records, presentations, draft or final documents, investment terms, investment strategies, documents, analyses, reports, business plans, studies, projections and target returns, compilations, market information, potential transactions, past transactions, investment opportunities, development sites, the identity of past, current and future investors and financing sources, which Fund Entities or their advisors has provided, or may in the future provide, to the Receiving Party. Notwithstanding the foregoing, the Receiving Party may disclose such information to its third-party professional advisers provided the Receiving Party will be responsible for any breach by such advisors of its obligations contained herein.
The Receiving Party shall not disclose the fact that it has entered into this Agreement and that confidential information has been made available to it, the fact that any discussions are taking place concerning its interest in an investment, and any of the terms, conditions, or other facts with respect to a potential investment by the Receiving Party including the terms of any investment terms offered to third parties.
This Agreement will commence and take effect on the Effective Date and continue until the date that is the fifth anniversary date of the Effective Date. This Agreement does not obligate either party to enter into any transaction and each party reserves the right, in its sole discretion, to terminate discussions and negotiations with the other party at any time and for any reason. The Fund Entities make no representations, express or implied, as to the accuracy of any information provided which will be subject to change and any legal liability of the Fund Entities will be governed by definitive documentation which may be signed between the Receiving Party and any Fund Entities.
This Agreement shall be governed by and construed in accordance with the laws of Thailand. This Agreement may be executed in counterparts, both of which taken together constitute one and the same document. The acknowledge of this agreement will have the same weight and effect as originals to the extent permitted by governing law.
IN WITNESS WHEREOF, the parties hereby agree to be bound by the terms and conditions of this Agreement as of the Effective Date.
