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Environmental Information Needed for M&A Due Diligence

If you are a selling your business in an M&A deal and are close to signing a letter of intent (LOI), it’s time to get your company documentation in order. The buyer in your deal will need access to information about every aspect of your business to do his due diligence. Since you will be asked for environmental information, here is a list of documents you should provide, if applicable to your company.

  • Copies of any environmental reviews or inspection reports relating to any of the properties owned or leased by the company during the reporting period.

  • Copies of any applications, statements, or reports filed or given by the company with or to the Federal Environmental Protection Agency, any state department of environmental regulations or any similar state or local regulatory body, authority, or agency.

  • Copies of any notices, complaints, suits, or similar documents sent to, received by, or served upon the company by the Federal Environmental Protection Agency, any state department of environmental regulations, or any similar state or local regulatory body, authority or agency.

  • Copies of outside reports concerning compliance with waste disposal regulations, hazardous or otherwise.

  • Listing of hazardous substances, including, but not limited to, asbestos, PCBs, petroleum products, herbicides, pesticides, or radioactive materials, used in the company’s operations.

  • Listing of permits, licenses and agreements of the company relating to air or water use or quality, solid or liquid wastes, hazardous waste storage or disposal, or other environmental matters.

  • Description of the company’s disposal methods.

  • Description of any adverse environmental or occupational safety or health condition or concern of the company not previously requested.

  • Listing and description of any environmental litigation or investigations.

  • Listing and description of any known Superfund exposure.

  • Listing and description of any contingent environmental liabilities or continuing indemnification obligations.

  • Copies of all correspondence, notices, and files related to the Federal Environmental Protection Agency, state, local, or similar foreign regulatory agencies.

  • Copies of all annual reports, manifests, or other documents relating to hazardous waste or pesticide management during the reporting period.

  • Copies of the workplace safety and health programs currently in place, with particular emphasis on chemical handling practices.

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