In order to maximize transaction value, Middle Market sellers and their M&A advisors know that it is in their mutual best interest to reasonably compensate advisors, this typically includes M&A success fees. Where M&A success fees and retainer fees are too low, good advisors will generally walk away from the opportunity with the seller probably […]
M&A Intermediary Services Agreement Explained (Sell-Side)
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 […]
Anyone Can Do M&A – Right?
A middle market business owner who chooses to represent himself in the sale of his own business will never know the value of the offer never received, or the deal terms that never were negotiated or the financial sum he left on the table. Why do owners shun M&A Advisor or engage inadequate inexperienced professional […]
Confidentiality and M&A – Managing Information Disclosure
Typical confidentiality stages in an M&A Sale Program are defined by the phase of the sale process. Confidentiality and M&A, the managing of confidential information and who can access company confidential information is a key activity managed by the M&A advisor as part of the M&A sale process. Key documents provided to prospective buyers in […]
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 […]
Preparing for a Business Sale – Key Elements
Are you preparing for a business sale? Strategic buyers are sitting with a record amount of cash on their balance sheets. As organic growth has been difficult to achieve, strategic buyers have been very active in the acquisition market. Private equity buyers who have raised many millions of dollars are seeking acquisitions. They are the major players […]
Business Sale “Letter of Intent” – Minimum Requirements
One of the most important documents in the sale of the business is the letter of intent or indicative offer received from a prospective buyer. It is vitally important to ensure the key elements of the deal are well understood and agreed before progressing with due diligence and final documentation. Without a clear set of […]
Completing our Business Sale – An Emotional Rollercoaster!
Tomorrow we are completing our business sale… Waiting for a deal to complete the deal, all parties working hard to finalise documents, all items settled and agreed in principle. The weeks and months running up to today have been a roller coaster. Minor items seem to be deal breakers, the buyer gets cold feet and […]