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Buying a Business
4 Acquisition Financing Structures for Buyers
When buying a business, buyers may use any four acquisition financing structures: cash purchase, third-party funding, seller financing and stock swaps.
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When Does an Asset Acquisition Become a De Facto Merger?
Asset acquisitions are presumed to be free and clear of claims against the seller. But liabilities can pass to the buyer, resulting in a de facto merger.
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Purchase Agreement Essentials – Boilerplate Provisions Terminology
In a purchase agreement, boilerplate provisions clarify the terms of the contract, who has contractual rights and how disputes are handled.
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Asset Sale vs Share Sale: Which Seller Approach Should You Choose?
An asset sale and a share sale have different implications for buyer and seller regarding taxes, liabilities and more. Learn the pros and cons of each.
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The First Step to Purchase: The Letter of Intent
The letter of intent to purchase or acquire a business is the first step in the M&A process. As a seller, these are the terms to look for in an LOI.
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When Should a Seller Sign a Letter of Intent?
A letter of intent is used in the purchase and sale of a business to set forth the framework for the negotiation of definitive transaction documents and closing of a transaction. Normally, a letter of intent does not create a binding contractual obligation to purchase or sell the business. However, a non-binding letter of intent […]
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Reading and Writing a Letter of Intent
Think of the LOI as akin to a father asking his daughter’s date, “What are your intentions with my daughter, young man?” but doesn’t have to be that intimidating.
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Acquisitions: That Company May Be Good to Own, but Tough to Buy
Inaction Dissatisfaction is Preferable to Buyer’s Remorse At a client’s recent board meeting we were evaluating making a bid on a rival business worth $100 million. Our management had spent years positioning itself for the opportunity to obtain this business, and now that acquisition was finally upon us. Even though it was an extremely large […]
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Strategic vs. Financial Buyers: Distinctive Ways of Acquiring Businesses
Buyers’ End Game Affects Suitability As an owner considers a sale of a business, it is critical to identify the goals of the transaction, and match those objectives with the most suitable prospective buyer. There are many different kinds of buyers that might be well suited to acquire the business. Buyers are often grouped into […]
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Employee Stock Ownership Plans (ESOPs): Meeting Business Succession Objectives
Does Legacy Rate Higher with You, or Pure Profit? Thinking about selling your business? Is maintaining its integrity and mission more important to you than pure profit? Then an Employee Stock Ownership Plan may be something to consider. Some business owners simply want to derive the highest value from the sale of their company, and […]
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