Mergers and Acquisitions Buy side
SBA relief efforts incentivizes buyers to move ahead with business acquisitions. Per the SBA website, “the SBA will pay six months of principal, interest, and any associated fees that borrowers owe for all current … as well as new 7(a), 504, and microloans disbursed prior to September 27, 2020.” This… Read More »Motivated Buyers Fueled by SBA Incentives and Need
M&A buyers are still looking in the midst of uncertainty. However, buyers will be mindful of added risks caused by COVID-19. These are some talent-related questions that may come up in future due diligence: • Did layoffs or other cuts impact the business’s ability to retain key employees? • Did… Read More »COVID-19 Era Due Diligence Part 1
When selling a business, an earnout or foregivable promissory note is a Buyer’s commitment to pay the Seller a certain amount of money tied to future performance after a sale. It bridges a valuation gap between what the Seller wants out of the business or future contracts are expected but… Read More »WIN-WIN: Earnouts / Forgiveable Promissory Notes
An exclusivity clause is an important part of M&A transactions. Also known as a ‘no shop’ provision, it prohibits the seller from sharing information or negotiating with other would-be buyers for a specified timeframe. Prior to this, the seller is negotiating with several buyers. The goal is to entertain multiple… Read More »Exclusivity Clause Protects Buyer Investment in M&A
STARTUP COSTS ARE HIGH Starting up a business usually entails a large outlay of cash for expenses several months before a single dollar is ever earned. Some common expenses include: location, tenant improvements (TIs), furniture, fixtures, and equipment (FFE), marketing, advertising, product development, employees, office manuals, creating systems and processes,… Read More »4 Reasons to Buy — Not Start — a Business