Posted by estevens@stark-knoll.com
Monday, January 17, 2011 5:49:24 PM
2011 ripe for uptick in deal making if confidence and clarity return, according to Ernst & Young.
Ernst & Young’s Transaction Advisory Services published a report on December 16, 2010, highlighting trends in merger and ...
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Posted by estevens@stark-knoll.com
Friday, August 27, 2010 9:03:41 AM
One of the areas to consider, prior to the sale of a business, is the tax planning that goes into an effective sale. All too often, business owners do not consider tax planning until after a letter of intent has been signed which is often too...
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Posted by estevens@stark-knoll.com
Thursday, August 05, 2010 4:20:56 PM
Most, if not all owners think about a possible sale to their employees. If this statement is true, then it begs the question as to why there are not more transactions done with employees? Some of the answers or a combination may...
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Posted by estevens@stark-knoll.com
Friday, July 23, 2010 1:03:08 PM
Marketing 101 tells us that any successful product or service must have a real demand regardless of our personal opinions. So what will create a demand for your business?
The buyer is either looking for an acquisition that will:
fit into his ...
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Posted by estevens@stark-knoll.com
Wednesday, July 14, 2010 9:36:48 AM
The use of a virtual deal room (“VDR”) has become commonplace in modern merger and acquisition practice, replacing the formerly prevalent document room. The advantages of a VDR include reduced cost; reduced security concerns; accessibility to...
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Posted by estevens@stark-knoll.com
Thursday, July 01, 2010 10:39:36 AM
The Letter of Intent (“LOI”) was signed more than 90 days ago and now closing is scheduled in a few days. The due diligence and scrutiny since the signing of the LOI has been intense. The Purchase Contract has been revised numerous times based...
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Posted by estevens@stark-knoll.com
Friday, June 25, 2010 11:50:37 AM
Discretionary authority gives its holder a choice. Discretionary authority is sometimes couched as permission to do something, often appearing as an exception to a prohibition.
The Seller will conduct its business from the date of this...
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Posted by estevens@stark-knoll.com
Thursday, June 24, 2010 4:13:00 AM
The need for private equity funds to use their dry powder or lose it may be causing a run-up in company sales prices.
From the New York Times:
On Wall Street, So Much Cash, So Little Time
By JULIE CRESWELL
Private equity firms sit atop an...
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Posted by estevens@stark-knoll.com
Monday, June 21, 2010 3:28:34 PM
In addition to representations and warranties, an Acquisition Agreement will provide for covenants, rights and conditions.
Covenants are another kind of risk allocation mechanism. They are important because they create a duty and obligation to...
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Posted by estevens@stark-knoll.com
Sunday, June 20, 2010 11:38:00 AM
Representations and Warranties are essential elements of an Acquisition Agreement. They serve to allocate deal risk between Buyer and Seller.
1. A representation is a sellers statement of fact as of a moment in time intended to induce reliance ...
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