Financial Poise

Articles tagged: Selling Your Business

Crossing the finish line of a deal, in purchase agreement essentials, can be facilitated by restrictive covenants and positive covenants

Purchase Agreement Essentials – Positive Covenants and Restrictive Covenants in M&A Transactions

Positive covenants and restrictive covenants in a Purchase Agreement protect the value of the Company for the Buyer but may be overlooked.

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A chess piece capture, symbolizing the concept of competitive bidding and pre-emptive bids

A Tale of Competitive Bidding and Pre-emptive Bids

An owner selling his business gets 3 high pre-emptive bids. Should he take a deal or allow the competitive bidding process to continue?

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silhouettes cavorting against a sunrise, representing management team positions and responsibilities

5 Management Responsibilities that Aid the Sales Process

Maintaining an honest dialogue with members of all management team positions during the negotiations can help lead to a successful outcome.

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A building frame, symbolizing the 5 Legal M&A Deal Structures in business

A Visual Guide to the 5 Legal M&A Deal Structures 

There are five basic M&A deal structures, including four share acquisition methods and one asset acquisition method. What are the benefits of each structure?

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Oligarch woman hires business appraiser over the phone

Determining Value – Choosing a Business Appraiser

Don’t Leave Valuation to Chance Valuation is the determination of the worth of an entity or item. According to Erin Hollis “A valuation can be as loose as a guess, to a ‘back of the envelope’ calculation, to a formal opinion rendered by a third-party professional business valuation expert”. Having the right valuation of your […]

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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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A prospective businessman inspects a building with purchase agreement essentials in mind.

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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Beach retirement, the outcome of selling your business with representations and warranty insurance

Rep & Warranty Insurance: How Does it Protect the Sale Process?

Representations and warranty insurance can speed things along when selling your business, avoiding getting backed up in an escrow nightmare.

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