Mergers and Acquisitions:

Buying and Selling Businesses

 

In today’s fast paced global economy, many businesses are looking to merger and acquisition strategies as an efficient way to grow or reduce the size of their operations. Regardless of your industry or location, there are many ways to acquire valuable assets or the equity of other businesses. There are also many opportunities to sell valuable assets and equity to strategic or financial buyers. Our experienced transaction team will help you customize an M&A strategy to to accomplish your business goals.

 

Whether you’re buying or selling, our attorneys will help determine and implement the best "deal structure" for your acquisition or sale. We’ll assist in the initial negotiations, due diligence process, preparation and review of all closing documents and all post-closing dealings between the parties.

 

Our end goal is to ensure that your business growth or retirement objectives are achieved as quickly and as efficiently as possible. Here are some of the key considerations when looking to acquire or sell business assets or equity:

 

• The nature of the deal - selecting an asset or equity transaction: each deal structure has different liability and tax consequences. Generally asset deals favor buyers and equity deals favor sellers;

• Valuation- properly valuing the assets or equity in the transaction: the valuation method and appraised value of the assets or equity will affect how the deal is financed, the purchase price and payment terms;

• Minimizing Risk and Liability - minimizing risk: analyzing the parties exposure to foreseeable and unforeseeable risks and liability resulting from the transaction process. Skillful efforts are required when negotiating the sale and drafting the documents to help buyers and sellers mitigate the mine fields of risk and liability; 

• Payment Process and Post Closing Activities - negotiating payment terms that meet the seller’s requirements and which can be met by the buyer, as well as detailing the necessary post-closing transition process are critical for both parties success.

 

For more information about buying or selling business assets or equity, please contact  John Carter at (248) 785-3400 or jcarter@insyghtlegal.com.