Deal Making

Securing funding for business growth —perhaps to fuel a pending merger or acquisition, or maybe to spur some other type of corporate growth strategy — is never a simple task. Why? Because the layers of bureaucracy, the rules that the pencil pushes demand, and the legal issues regarding financial transactions make it a time-consuming task, … Read more

Updated Feb 10, 2024 It is the belief that virtually all companies, particularly publicly owned companies, should be managed to create as much wealth as possible. This means that a company’s resources should be handled in a way to achieve maximum gross profit for all parties concerned. In most instances, to achieve this goal, some … Read more

Corporate buyers, when considering the acquisition of a company, will begin the due diligence process. This process of examining the target company’s financial statements, legal documents and other corporate records allows the potential buyer to gain a complete assessment of the company in order to decide whether to move ahead with the acquisition.   The … Read more

Part of having a successful company is dependent on growth, and quite often, attaining that type of growth takes money. Expansion in any form, whether it’s acquiring the total assets of another company, getting new facilities or equipment, or simply needing a share capital for more inventory to convert to future sales growth, rarely occurs … Read more

When a company is interested in doing business with another company — or perhaps is even merging with or acquiring that company — it will want to perform a customer due diligence. This means having a close look at how the target company books its revenues. This will normally include a closer look at the … Read more

The earnings report enables publicly traded companies to report their financial results during a specific period, usually a quarter or a year. Investors lean on earnings reports to better understand a company’s financial performance. Companies also use earnings reports to not only present financials but also provide investors with explanations about operations, new products and … Read more

In an M&A transaction, a hostile takeover is the means by which a company wishing to acquire a target company seeks the approval of the target company’s shareholders, either by making a tender offer or through a proxy vote.  While a tender offer or a proxy vote might sound permissible, it is not: The difference … Read more

Firms undergoing a merger or acquisition or seeking capital from private investors should be ready for an operational due diligence (ODD) review. Most commonly used in financial firms, particularly by hedge funds and other investment firms, and in industrial M&A deals, an ODD can also benefit retail organizations and any business.   There are many … Read more

Intercompany transactions often carry unique legal and financial challenges for the parent company and its subsidiaries that may benefit from the cash or assets exchanged. Even if both companies do everything “by the books,” with a clear record of transactions, lenders may not look favorably upon intercompany transactions. These types of transactions can also muddy … Read more

A merger or acquisition is one of the most complex of corporate transactions, requiring the target company to assemble and present for review of hundreds of documents detailing the company’s assets and liabilities to a potential buyer. The “sell-side” of a mergers and acquisitions (M&A) transaction describes the deal process from the perspective of the … Read more