An earnout may help buyers and sellers overcome differences in their expectations about future business performance. However, agreeing on the earnout amount represents only the beginning. After closing, the seller typically gives the buyer control over the business. That changes creates significant risk for contingent consideration. For this reason, seller earnout protection should address both […]
Every business has weaknesses. During an M&A transaction, the question is whether the seller addresses them before the buyer discovers them. Addressing business weaknesses before a sale allows the seller to explain potential concerns within the proper context. It also provides time to correct problems that could otherwise affect value. Buyers will examine the company […]
The current economic environment is creating acquisition opportunities involving troubled and financially distressed companies. Declining revenue, excessive debt, restricted credit, and liquidity problems are forcing some owners to consider alternatives. For buyers, distressed business transactions may provide access to assets, customers, employees, technology, products, or geographic markets. However, an attractive purchase price does not necessarily […]
Many business owners are becoming increasingly optimistic about opportunities to grow their companies. However, access to capital remains a significant obstacle. The Pepperdine Private Capital Markets Project highlights this disconnect. Nearly half of surveyed business owners report insufficient financial resources to execute their growth strategies. Meanwhile, the continuing effects of the financial crisis have changed […]
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