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Mergers, Acquisitions, and Integrations

Euros in a bank machine, representing seller financing

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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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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This is a shop where neighbors come to buy boilerplate provisions.

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 baited mousetrap, symbolizing private equity transactions

How to Attract Buyers in Private Equity Transactions

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

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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letter of intent

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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business acquisitions

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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Business Succession Planning

Succession Planning and Exit-Strategies Are Too Important to Ignore

Business owners say they understand the importance of transition planning, yet few actually plan their exit. What is going to happen when you finally relinquish day-to-day control over your business? Are you going to sell it and live off the proceeds? Do you have a successor lined up to continue your legacy? Only you can know but, whatever you have in mind, it pays to have a formal and well thought-out succession plan and exit strategy.

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Pre-Sale: Cleaning Up Your Balance Sheet

Before you sell your business, make sure to minimize your expenses and maximize your presented earnings. You’re a business owner who is contemplating a sale. Intuitively, you understand that it’s important to make your business look as attractive as possible to potential buyers. If you haven’t sold a business before, you probably don’t know the best way to accomplish this.

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Seller Financing: How to Strengthen Your Deal

In the right circumstances, seller financing can be the key to negotiating a better deal or closing more quickly. Seller beware, however, because cash is king and you will have to sue a buyer who defaults on an obligation to pay a Seller Note.

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