For privately owned middle market companies the sale of a business is often complex, influenced by the type of business, the market, the buyer, deal structure and potential liabilities. Most deals are unique regarding price and price structure, earnouts, escrows, employment contracts for owners, the owners’ personal tax position, intellectual property ownership, business properties and […]
Confidentiality Agreement and M&A
Confidentiality is of key importance in deal making and although often considered as a “side-bar” issue, is a foundation to a successful M&A process. When managing a competitive sale process, managing confidentiality allows sellers to maintain negotiating leverage while maximising deal value and terms while ensuring no future damage by unsuccessful buyers. M&A deals […]
NDA Minimum Requirements for Mid-Size Business Sales
NDA minimum requirements, non-disclosure agreements, confidentiality agreements or confidentiality deed minimum requirements are widely used in all business sale transactions to protect the interests of both the buyer and seller. Middle market and large business sale transactions tend to have more detailed NDA’s than smaller businesses and for very good reason. Naturally any buyer would want to ensure […]