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Articles tagged: Buying a Business
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. Read More
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. Read More
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. Read More
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 […] Read More
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. Read More
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 […] Read More
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 […] Read More
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 […] Read More
Musings and More About “Market” Terms in Transactions
An Overreliance on Market Terms Business professionals commonly negotiate transactions by reference to what is “market.” This makes great sense for the people who are responsible for negotiating price. Valuation and pricing methods are relatively tried and true after all, and math is an exact science. This is not to suggest that buyers and sellers […] Read More
Retaining Tribal Knowledge For Your Company’s Long-Term Health
Tribal Knowledge: Be in the Know America is getting older. Not just in terms of it having a birthday every year, but in terms of the percentage of people closing in on retirement. You can thank the aging Baby Boomer population for that. What that says to me is that any company with a significant […] Read More