Mergers & acquisitions are complex & sophisticated
Merging with, or acquiring another company, is an exciting time in a rapidly growing business’ lifecycle. As a founder, there is a significant amount of behind-the-scenes work you need to prepare before commencing the process. When you begin, you need to hit the ground running with a vision of what the term sheet and sale contract will look like.
M&A’s should skyrocket your business, not bog you down
Your M&A strategy and corresponding legal documents should be designed to protect you as the buyer. First and foremost, your main risk stems from failure to conduct your due diligence correctly. If you don’t identify missing documents, IP protections and competing brands, you may end up with a ‘dud’ business; one with unprotected assets and more desirable alternatives. If you do proceed with the purchase, failing to clarify expectations and negotiate key clauses can not only bog you down, but also leave you with unreasonable risk. As a buyer, you want as many warranties as possible. You want to pay as little as possible upfront, and you usually want as much support as possible post-completion. Without these, you not only take on significant financial risk, but also can be slowed down transitioning the businesses.
Move ahead confidently and skyrocket your growth
M&As are no easy task, and the way you go about it has enormous long-term implications for your business. Each merger or acquisition is different, and turns towards the desires of the founders and buyers. UX Law are experts in preparing the right strategy based on what kind of buyer you are, how you want founders to be involved, and how you want to pay. We’ll guide you through the due diligence process, and steer you away from unreasonable payment clauses, so that you can move on with the confidence and peace of mind you need to skyrocket ahead.
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