Understanding Seller Notes in M&A: Insights from 100 LOIs
A seller note is a form of seller financing in which the seller of a business agrees to defer a…
Selling a company is a time-consuming and emotional process that often leaves little time for the owner and their business to consider post-sale circumstances. It’s not uncommon for CEOs and entrepreneurs—already busy running their firms day to day — to focus entirely on valuation and closing a deal, but the preparation for that sale and life after should not be overlooked.
Today’s article touches on the following:
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Before closing a deal, it’s important for the business owner to spend time thinking through the post-sale plan and what they want their business and life to be like. Advance planning will help the business owner find the right partners, arrive at the right deal, and seamlessly transition into their desired lifestyle.
Planning for the implications the transaction will have on the business owner’s personal financial health is a crucial step in preparing for life after the sale. Andrew Cardone, Vice President of Investments at Wells Fargo, shared the following questions that business owners should answer prior to transacting to help ensure a more positive outcome for personal wealth in the years following a sale.
To read more on each of the above questions, check out the full article here.
Generally speaking, seller and buyer plans fall into one of four categories (see below). Before pursuing a deal, the business owner needs to decide what role they want to play in the company after the sale, and this intent should be clearly communicated in the preliminary materials the advisor shares with potential buyers.
To avoid post-transaction litigation, it’s important to identify all knowable liabilities and specify who is assuming what when drafting the purchase agreement. An experienced buyer will often uncover much of the liability risk during due diligence, and a good M&A advisor can help navigate and negotiate the business owner’s rights as a seller.
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NOTE: The information in this article and associated ebook does not, and is not intended to, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only.