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Articles tagged: Mergers-Acquisitions-Integrations

two puzzle pieces poised to connect, representing a de facto merger

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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attract private equity buyers

How to Attract Private Equity Buyers

Private equity buyers have priorities distinct from strategic buyers. Sellers make a private equity transaction more appealing by thinking like a PE buyer.

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boilerplate sections

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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A business closed sign, symbolizing the sale of a business through a share sale or an asset sale

Asset Sale or Share Sale: Which Seller Approach Should You Use?

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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letter of intent

Letter of Intent: The First Step Toward Purchase

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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Business Lender Relationship

An Outside Director’s Considerations for Acquisition Due Diligence

Don’t be tempted by shiny object syndrome. Directors should conduct acquisition due diligence using these questions.

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Non-Disclosure Agreement

Steps for Protecting Business Sale Confidentiality

A transaction advisor can help you ensure confidentiality when selling your business. Take these steps to avoid a confidentiality breach.

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Acquisition Risk Assessment

Acquisition Risks: That Company May Be Good to Own, but Tough to Buy

A company may look like a gold mine before you’ve weighed the acquisition risks and challenges. Ask these questions to avoid buyer’s remorse.

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Lumber Prices

Pandemic Leads to Rising Lumber Prices in 2021: What It Means for Homeowners

With more people working on home projects during the pandemic, demand for lumber has led to rising lumber prices and industry shifts.

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Terms in Business Transactions

Why You Shouldn’t Always Rely On “Market” Terms in Business Transactions

In business transactions, a deal attorney may describe certain contract terms as “market.” What does this mean, and should you agree to them?

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