Exclusivity Period
Written by Christopher Krassnig - Founder - Kairos Exchange and ZenoX Media.
Published
- Checks in every memo8
- Automatic on day one3 of 8
- Read by handad spend and processor payouts
- Tracked ecom salesEUR 200M+ZenoX ad-management figures, not Kairos deal volume - Kairos hasn't closed a deal yet.
Exclusivity Period is the window a seller agrees not to shop a deal to any other buyer. It runs while one buyer's offer sits in diligence. Brokers usually ask for it before they invest time in a deal. On Kairos, the letter of intent binds confidentiality but grants no exclusivity. A seller may keep taking backup offers until the asset purchase agreement replaces the proposal.
Why Kairos Skips It
Exclusivity protects a buyer's diligence spend by taking the seller off the market for a set window, often a month or two, so a competing offer cannot surface mid-diligence. It also concentrates real risk on the seller: grant it to the wrong buyer, and a slow, unfunded diligence process can burn the exact weeks a genuine second buyer might have closed in instead. Kairos's letter of intent binds confidentiality from the day it is signed but grants no exclusivity, so a seller keeps every backup offer live for as long as the deal stays a proposal rather than a signed asset purchase agreement.
Not to Be Confused With
- Due Diligence
- due diligence is the checking process itself; exclusivity period is a separate promise not to shop the deal elsewhere while that checking happens. Kairos runs due diligence without granting exclusivity, so a buyer in diligence is not automatically the only buyer in the room.