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Taking a look at the concept of taking control of a company
Merger and Acquisition deals tend to be multifaceted, depending on an array of factors, like macroeconomic, microeconomic and human. These determinants further include various components like globalization, technological evolution, search for new markets, a gain of time, and succession issues.
The art of negotiation consists of allocating the stake from M&A among buyers and sellers in appropriate proportion to their investment. There are two basic methods of conducting the negotiations when taking control of a company:
It has a high level of confidentiality but excludes the potential offers that could have been available had the process been more open.
It has a high level of competition among buyers but is much more restrictive, regarding choices, for the sellers.
In any method though, certain elements are common through the process. Whether horizontal, vertical or any other type of M&A, here are mutual ingredient each share:
It is a formal agreement that establishes the partnership between parties. Including various terms of different grounds, it also serves as a milestone to keep the involved parties committed to the deal and long-term goal.
It is a statement of facts and assurance from individual parties. Among other things, it corroborates about no hidden liabilities and amount of equity capital to buyers and sellers respectively.
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In certain cases, an Earn out provisions a portion of the purchase price to the company’s future profits; meaning, the seller is to obtain determined compensation if and when the business touches a profit margin. The negotiation has then sealed after the signing of a share purchase agreement.
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