iMerge Advisors

APRIL 14, 2025

Even after months of diligence, negotiation, and documentation, the final 5% of the deal often requires 50% of the effort. Because this is when the most sensitive, high-stakes issues surfaceissues that can materially impact your economics, your risk exposure, and your post-close obligations. tax, IP) survive post-close?

Negotiation 40

Negotiation Acquisitions M&A Mergers and Acquisitions 40

OfficeHours

AUGUST 25, 2023

The buyer universe for this debt most often includes collateralized loan obligation (“CLO”) funds, high-yield mutual funds, insurance companies, and other similar institutional buyers. Economics is generated by the fees, principal, and interest payments made by the borrower rather than the commitment fees earned by the banks.

Private Equity 130

Private Equity Equities Debt Finance 130

Sun Acquisitions

MARCH 8, 2022

Enterprise Insurance Policies. They are verifying the claims made in the initial negotiation stages. Sometimes it’s simply bad timing – trying to sell during an economic downturn or when the business is in financial distress. It’s worth noting that you might not need all the documents presented on these checklists.

Business 98

Business M&A Finance Finance 98

IBG

MARCH 14, 2024

Some R&W provisions are boilerplate, while others are negotiated and carefully tailored to the deal, the nature of the company, its operations and financial condition, and how the seller has described them. As compared to the demands and economics of escrows, insurance stands as a viable alternative.”

Sale 52

Sale Business M&A Insurance 52

Lake Country Advisors

AUGUST 9, 2024

Market Conditions : The current state of the manufacturing industry and broader economic trends can significantly impact your business valuation. This trust is crucial in negotiations and can lead to a smoother and more prosperous sale process. These indicators demonstrate the financial health and stability of your business.

Manufacturing 59

Manufacturing Business Sale Negotiation 59

Focus Investment Banking

JUNE 13, 2023

Scale can also allow practices to negotiate better contracts with insurers and get better deals on supplies and equipment. PE also provides the capital needed for expansion (including ambulatory surgery centers and other ancillary revenue sources) or to purchase modern equipment.

Private Equity 52

Private Equity Equities Healthcare Medical 52

Wizenius

JUNE 21, 2023

Assess the technical, economic, and legal aspects of the project. Develop a risk mitigation strategy for each identified risk, such as structuring contracts to minimize exposure to regulatory changes or securing political risk insurance. A detailed understanding of the project's viability will be crucial in attracting investors.

Finance 52

Finance Finance Debt Government 52

Sun Acquisitions

MARCH 29, 2024

Conduct a comprehensive economic assessment to ensure the seller can provide the financing. Negotiate favorable terms that align with your business’s cash flow and profitability. This could involve risk insurance, contingency plans, or renegotiating the financing terms.

Mergers and Acquisitions 64

Mergers and Acquisitions Finance Finance Acquisitions 64

Focus Investment Banking

JUNE 13, 2023

With all the changing insurance relationships and the cost of doing business on a day-to-day basis, that's a pretty risky proposition,” he said. In addition to negotiated payments, providers can earn incentives for providing high-quality, efficient care. But if you've got a [PE] backer. then it's somebody else's financial risk.

Hospitality 52

Hospitality Private Equity Mergers and Acquisitions Medical 52

Cooley M&A

AUGUST 30, 2019

Call it a compromise, call it delayed gratification, but do not call it simple: earn-out payments often give rise to disputes because the interpretation of what qualifies as the achievement of previously negotiated milestones can differ wildly once viewed through the muddied lens of time. In Windy City Investments Holdings, LLC v.

Valuation 40

Valuation Mergers Advisory Insurance 40

Focus Investment Banking

SEPTEMBER 4, 2024

PE refers to a form of investment where institutional investors—such as pension funds, mutual funds, and insurance companies—as well as wealthy individuals, provide capital to PE firms. In other words, they look for businesses that are resilient during economic downturns. are all on the table to be negotiated.

Business 52

Business M&A Private Equity Investors 52

Software Equity Group

MARCH 26, 2024

And it typically boils down to a few common elements that successful SaaS companies do particularly well: High-quality SaaS companies feature predictable, recurring revenues, solid unit economics , and high gross margin and gross profit rates.

Private Equity 52

Private Equity Equities Investment Portfolio 52

Cooley M&A

DECEMBER 15, 2020

The portfolio was owned by Strategic Hotels & Resorts LLC, a Delaware limited liability company and indirect subsidiary of Anbang Insurance Group, a corporation organized in the People’s Republic of China. The lawsuit arose from the contemplated sale of a hotel portfolio, consisting of 15 luxury hotels located throughout the US.

M&A 40

M&A Business IT Negotiation 40

Mergers and Inquisitions

SEPTEMBER 20, 2023

A: For this one, you should find highly specific markets – such as P&C insurance technology rather than “fintech” – and argue that others have overlooked them for reasons X, Y, and Z, but they could potentially create billion-dollar startups. A: The most important terms relate to economics and control.

Capital 59

Capital Valuation Investment Portfolio 59

GillAgency

FEBRUARY 10, 2022

They may exclude some assets and/or liabilities based on mutual negotiations. Remember, everything is negotiable up to the point of accepting or rejecting the deal. However, there are many times where we have been successful in negotiating a non-exclusive LOI with a buyer. You will be entitled to interest.

Business 52

Business Sale Broker IT 52

Cooley M&A

MARCH 17, 2020

As a result of this unprecedented social and economic uncertainty, we are counseling clients interested in mitigating impacts of COVID-19. M&A Negotiations and Deal Terms. Insurance coverage. For some helpful guidance on steps companies should be taking on the insurance front, see this post from Cooley’s insurance team.

Negotiation 40

Negotiation M&A Insurance Stock 40

Cooley M&A

FEBRUARY 20, 2017

During times of regulatory uncertainty or economic turmoil, such as in the most recent financial crisis of 2008, there is increased focus by buyers on the operating covenants and other provisions in merger agreements designed to protect them if something bad or unexpected happens to the target’s business during the pre-closing period.

M&A 52

M&A Negotiation Economics Insurance 52

Cooley M&A

JANUARY 22, 2025

Looking ahead, expect the fruits of these efforts to free up valuable resources capital and management bandwidth that can be redirected toward higher-value, strategic acquisitions in 2025 as the general economic backdrop (inflation, interest rates, antitrust) looks to become more conducive to bigger bets.

M&A 64

M&A Mergers and Acquisitions Pharmaceutical Acquisitions 64

Cooley M&A

JANUARY 18, 2017

If she is named chair, Ohlhausen can in turn immediately name new directors to head the Bureaus of Competition, Consumer Protection and Economics. The potential of significantly increased penalties will likely bring parties to the negotiating table.

Mergers and Acquisitions 40

Mergers and Acquisitions Pharmaceutical Mergers Food 40

Mergers and Inquisitions

MARCH 19, 2025

The broad divide is how economically sensitive each vertical is. Matt Stoller has an excellent article summing up the companys problems , but the short version is that it came under severe margin pressure due to pharmaceutical pricing : Health insurance companies in the U.S. are unprofitable.

Private Equity 59

Private Equity Retail Equities Mergers and Acquisitions 59