CCP Client 'CO298'
Clayton Capital Partners, a St. Louis-based investment banking firm, is pleased to exclusively represent CO298 (the “Company”) in the sale of its business. Operating from headquarters in the Southwest, CO298 is a highway, heavy utilities and paving contractor.
• Single Regional Provider For Highway Construction, Paving & Underground Utilities Installation - The Company offers private and public customers one source for road construction and utilities installation: from demolition, site work, earthmoving, base, and paving to sanitary sewer and water pipe hook-up.
• Longstanding Relationships With Large, Diverse Customer Base - Over 70+ years, the Company has built solid relationships with numerous decision makers for counties, cities, town and school districts within a 100-mile radius of its headquarters, as well as general contractors and industrial customers.
• Asphalt and Crushing Plants Provide Pricing Advantage - CO298’s two mobile crushing plants and hot-mix asphalt plant control its costs and produce a cold-mix patching material that it sells to state and municipal government entities.
• High Percentage of Repeat Customers - The high percentage of repeat customers (61% from 2017 to 2018) demonstrates CO298’s ability to win bids and deliver on its promises.
• Optimally Sized - The Company operates in a unique niche: large enough to perform major highway and earthmoving projects and small enough to complete small parking lots.
• Master Plumber & Underground Fire Licenses - The Company’s master plumber license enables it to bid both private and public utility work. Its fire license permits it to install private fire lines.
The undersigned hereby agrees:
That all information, data and materials disclosed or furnished (herein called the Information) by Clayton Capital Partners Acquisition Candidate CO298 (herein called the Company) will be maintained strictly confidential and that, in consideration for such disclosure, no use of the Information will be made by any signing party, or employees of such party, other than for evaluation purposes, on a strictly confidential basis.
It is understood that disclosure of any of the Information, including the possibility that the Shareholders may consider sale, disclosure of the current status of the Company, or disclosure of any information to customers, vendors, competitors, or employees of the Company would cause serious financial damage to the Company and/or its affiliates.
The undersigned also agrees that, for the term of this agreement, they will not solicit for employment any management-level employee, executive-level employee, or any employee of the Company with whom the undersigned came into contact with as a result of the proposed transaction. Nothing herein shall preclude the undersigned from hiring any employee who responds to a general solicitation so long as it is not targeted at the Company or its employees (including through the use of search firms) or who contacts the undersigned of their own accord.
The undersigned agrees not to copy, duplicate, disclose or deliver all or any portion of the Information to a third party or permit any other third party to inspect, copy or duplicate the same except those parties deemed necessary by the undersigned to evaluate the possible transaction (including agents, advisors, affiliates, accountants, attorneys, consultants, and lenders). It is understood that the undersigned may disclose Information to only parties who (i) require such material for the purpose of evaluating a possible transaction and (ii) are informed by the undersigned of the confidential nature of the Information and agree to be bound by the terms hereof. The undersigned further agrees to be responsible for any breach of this agreement by the above mentioned parties, and that these parties will not use any of the Information for any reason or purpose other than to evaluate a possible transaction or in any way detrimental to the Company.
This shall not, however, prevent the undersigned from disclosing to others or using in any manner:
This agreement shall remain in effect for a term of two years from the execution date hereof and upon request, the receiving party will promptly return or destroy all data and materials furnished by the Company and destroy any internal analyses and/or workpapers related to the evaluation of the Company. The undersigned shall be permitted to retain copies of Information for the sole purpose of complying with applicable laws and not be required to destroy electronic Information saved for backup and bonafide record retention policies in the ordinary course of business. Any such retained Information shall remain subject to the confidentiality obligations of this agreement for so long as such information is retained.