A letter of intent (LOI) is far more than a legal document. It’s a key milestone in the M&A process and can be a powerful tool for getting the deal done. The LOI outlines the basic parameters for an acquisition including the period of exclusivity, purchase price and consideration, preferred deal structure, and expiration date. …
Category: Negotiation
What Do You Do When an Owner Says “No” to Acquisition? 3 Tips for Buyers
One of the most challenging aspects of “not-for-sale” deal making is that more often than not owners initially are not interested in selling. Owners say “no” all the time and it can be discouraging, especially to first-time buyers who are unfamiliar with the M&A process. Here are three steps a buyer should take after hearing …
Be Specific About Price In the Letter of Intent
Don’t rush to get a signed letter of intent (LOI) by kicking the can down the road on price. A signed LOI is a significant milestone in the M&A process, indicating mutual interest in an acquisition. The document covers the basic parameters of the deal that both buyer and seller agree to including what will …
How to Bring the Right Team to the Negotiation Table
When negotiating for an acquisition, we always recommend you, as the buyer, try to match the seller’s negotiation team. Many owners are selling their company for the first time and in most cases their company will be smaller than yours. Arriving to the negotiation table with a swarm of lawyers can be overwhelming and may …
How Can You Avoid Negotiating in Circles?
We had been in negotiations with the seller, Martin, and his team all day and despite diverging perspectives on a few issues we had managed to nail down several important aspects of the agreement involving intellectual property and key employee contracts. The next afternoon when we resumed negotiations, Martin brought up the employee contracts again …
What Role Does an M&A Advisor Play in Negotiations?
During negotiations, a third-party M&A advisor acts as a buffer between buyer and seller. As you can imagine, negotiations can become quite intense and emotional on both sides and we want to do everything in our power to preserve a harmonious relationship between both parties. Having a good working relationship with the seller is important, …
Why You Shouldn’t Negotiate for a Win-Win in Acquisitions
When it comes to negotiation, we often hear about “win-win situations” where both sides benefit from the deal no matter what. While I understand the need to come to a consensus in order to move a deal forward, we’re not big fans of negotiation for a “win-win” because it implies you are also negotiating for …
How to Bridge the Price Gap in Acquisitions
Price is often the number one focus in mergers and acquisitions and everyone is eager to get down to the numbers. However, as you might expect, buyers and sellers have very different expectations on price, which can lead to friction between the two parties. On the one hand, most sellers plan to offer their business …
3 Ways to Maintain Momentum from LOI to Close
After signing a letter of intent, you expect the deal to close, but there are a number of reasons acquisitions fail ranging from regulatory hurdles to unexpected challenges that arise during due diligence to cultural clashes. In my last post, I discussed reasons deals fall apart even after both parties sign a LOI. Here are …
Remembering the Human Factor in M&A
For an owner of a privately-held company, the business is their baby and using hard-nosed tactics to negotiate for the lowest price is ill-advised. The human factor cannot be overlooked when pursuing M&A and establishing trust with an owner is critical. Buying a privately-held business is not like buying a car where you can negotiate the …
- 1
- 2
