All of the following are true about a confidentiality agreement except for

1. Often applies to both the buyer and the seller
2. Stipulates the type of seller information available to the buyer and how the information can be used
3. Limits the use of information about the seller that is publicly available
4. Includes a termination date
5. Limits the ability of either party to disclose publicly the nature of discussion between the buyer and seller

The actual price paid by the buyer for the target firm is determined when

1. The initial offer is made
2. As a result of the negotiation process
3. When the letter of intent is signed
4. Following the completion of due diligence
5. Once a financing plan has been approved