This article discusses a number of the hotly contested key issues in acquisitions of privately held technology companies. The ability to achieve success in any negotiation depends on a number of factors: the leverage a party has in the negotiation; the price and other key terms the parties may have already agreed upon at the letter of intent stage; the risks a party is willing to take with respect to closing conditions and post-closing liability exposure; whether there is competition among bidders for the target company; the quality of the lawyers involved; and the skill of the negotiating team. This article takes an in-depth look at these and other important issues.
1. A Guide to Non-Disclosure Agreements for Mergers and Acquisitions
In M&A transactions, a way to protect the secrecy of confidential information is through the use of Non-Disclosure Agreements (NDAs). This article discusses the key terms of Non-Disclosure Agreements.
2. Negotiating Investment Banker Engagement Letters
Companies often hire investment bankers for capital fund-raising and M&A activities. This article discusses certain guidelines that are appropriate when drafting an investment banker
3. he Importance of Online Data Rooms in Mergers and Acquisitions
If you are a seller preparing for an M&A transaction, it’s important to set up an online data room to expedite the process. Read this guide to getting started, including an extensive list of what documents to include.
4. Negotiating an Acquisition Letter of Intent
In a business acquisition, the purpose of the letter of intent is to ensure there is a “meeting of the minds” on price and key terms before both parties expend significant resources and legal fees. In this article, the key elements of drafting an acquisition letter of intent are discussed.
5. The Importance of Disclosure Schedules in Mergers and Acquisitions
Disclosure schedules are an integral part of any M&A transaction. Learn common mistakes made when preparing disclosure schedules, and download a sample template to get you started.