When do you opt for an asset/liability transaction and what concerns exist when drafting a purchase agreement?
The topic of retirement deserves more attention during an acquisition. The risks within the pension plan can be a dealbreaker for the buyer.
Using a disclosure letter prevents buyer from making a claim under the warranties immediately after closing.
Make sure that in the event of a business succession to children and employees, the Inland Revenue cannot claim that the 'required return' has not been filed.
When drafting transaction documentation, make sure the agreements are worked out correctly to leave as little room for discussion as possible.
Two key moments in an acquisition are the date of economic transfer and the closing date. Those two moments can coincide, but often they do not. In both cases, different mechanisms come into play.
A due diligence investigation does not often lead to the deal falling through, however, adjustments to the sales price or other conditions regularly take place or warranties and indemnities are included to limit risks for the buyer.
What is actually the difference between a Letter of Intent (LOI), Memorandum of Understanding (MOU), Term Sheet (TS), Head of Terms (HOT) or Heads of Agreement (HOA)?
The Homologation Private Agreement Act ensures that a company that is fundamentally healthy but has too many debts is given time to reach agreements with its creditors.
In the context of takeovers, it is common for the new owners to grant stock options to managers and employees.
For most buyers, financial institutions are willing to finance the purchase price of the shares with a bank loan, supplemented by a subordinated seller's loan.
The "freeze letter" is on the rise in business acquisitions. But what exactly is it?
Different tax rules and possibilities apply to the various possible participants in an acquisition holding company. The trick is to take all the different interests into account when structuring.
Every business acquisition involves negotiating the warranties and indemnities included in the purchase agreement. But what is the difference?
The Vendor Due Diligence is a proprietary investigation with which you as a seller want to expose any flaws in advance. Then you can quietly work on them and correct them.
Questions? We are at your service every working day from 09:00 - 17:30.
