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ARTICLE · 25 JUNE 2019

The Atlassian Term Sheet for M&A transactions: will it work?

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Article discusses new term sheet which sets out key terms proposed to be used to kick off future M&A transactions.

AustraliaCorporate/Commercial Law

This week, Atlassian publicly released The Atlassian Term Sheet, which sets out the key terms the software unicorn proposes to use for kicking-off future M&A transactions.

Atlassian has said that this was "a global first and should put downward pressure on transaction fees" and "will make it easier to get transactions done" as there will be more transparency with vendors at the front end of the process. Atlassian also said "we have looked at hundreds of deals which has allowed us to push the terms to be a lot more seller-favourable".1

It's not surprising that an innovative company such as Atlassian was the first to take up this approach. It signals to the market that Atlassian is focussed on acquisitions, and will almost certainly lead to more knocks on Atlassian's door from potential target companies. The Term Sheet establishes a positive and user-friendly framework for discussions with potential targets, encourages business integration and seeks to ensure deal

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