How2Exit

MARCH 24, 2023

10 Concepts You and I Can Learn About M&A and Creative Deal Structuring From How2Exit's Interview With Roland Frasier Investor, Business Mentor, and Strategist: Watch Here: Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

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M&A Business Mergers and Acquisitions Investors 130

H. Friedman Search

MARCH 23, 2023

Today more than ever there is a new trend that is increasing every day: the counteroffer. Now you may be thinking, “Harlan, this is not a new trend. There have always been counteroffers,” I would tend to agree with you wholeheartedly. However, there is a statistic that should make you stand up and take notice. According to a survey of Permanent Placement Recruiters nationwide, not only are there more counteroffers but greater than 20% of candidates are now falling off.

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Mergers and Inquisitions

MARCH 22, 2023

With the number of emergency / news-related articles on this site lately – two in a row! – it’s starting to feel a lot like 2008. Before delving in, though, I want to start with the elephant in the room: I was partially wrong ~5 months ago when I wrote about Credit Suisse, UBS, and Deutsche Bank, and whether they would become Lehman Brothers 2.0. Technically, my assessment in that article was correct: “The short answer is that it’s very unlikely that any of these firms will go bankrupt.

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The Harvard Law School Forum

MARCH 23, 2023

Posted by Adam Badawi (UC Berkeley), Elisabeth de Fontenay (Duke University) and Julian Nyarko (Stanford University) , on Thursday, March 23, 2023 Editor's Note: Adam Badawi is a Professor of Law at UC Berkeley, Elisabeth de Fontenay is a Professor of Law at Duke University, and Julian Nyarko is an Associate Professor of Law at Stanford University. This post is based on their recent paper.

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M&A Mergers Negotiation Corporation 88

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How2Exit

MARCH 23, 2023

11 Concepts You and I Can Learn About the Market & Selling a Small Business From How2Exit's Interview With Joe Valley Author and Certified M&A Pro: Watch here E17 Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

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M&A Business Book-building Sale 130

Shearman & Sterling

MARCH 24, 2023

On March 1, 2023, Vice Chancellor Lori Will of the Delaware Court of Chancery declined to dismiss a putative class action brought by stockholders of special purpose acquisition company (or "SPAC") GigCapital2, Inc. ("Gig2") against Gig2's controlling stockholder and directors, asserting that they breached their fiduciary duties in connection with Gig2's acquisition of UpHealth Holdings, Inc. and Cloudbreak Health, LLC in a so-called "de-SPAC" merger.

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Cleary M&A and Corporate Governance Watch

MARCH 24, 2023

In a recent opinion addressing breaches of fiduciary duties and disclosure violations in connection with a take-private of Mindbody, Inc. by Vista Equity Partners, the Delaware Court of Chancery reinforced the significance (to both buyers and sellers) of avoiding conflicts in a sell-side process and ensuring all material facts are disclosed to the target’s board and stockholders.

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How2Exit

MARCH 22, 2023

13 Concepts You and I Can Learn About Buying and Selling Businesses From How2Exit's Interview With Dr. Chris Daigle E16: Watch Here Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

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Business M&A Mergers and Acquisitions Book-building 130

Trout CPA: M&A

MARCH 24, 2023

Written by Andrew Rice, CPA, CVA , Managing Director of Trout CPA’s Transaction Advisory Services When structuring an M&A transaction, deciding between an asset or stock sale can be an obstacle between buyers and sellers. Finding a transaction structure that works for both parties is critical to the success of the deal. Two solutions have become prevalent in the deal community, though one offers significantly more flexibility.

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Advisory M&A Sale Stock 52

Speaker: Brian Muse-McKenney, Chief Revenue Officer & Matt Simester, Cards and Payments Expert

In today’s world of social media, dating apps, and remote work, businesses risk becoming irrelevant (or getting "ghosted") if they fail to meet the evolving needs of Gen Z consumers. Credit cards with flexible payment options, especially for young adults with little-to-no credit history, are a particularly important and valuable solution for this generation.

Bank

Shearman & Sterling

MARCH 24, 2023

On March 1, 2023, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery dismissed derivative claims brought by stockholders for breach of the fiduciary duty of oversight under Caremark against the directors of McDonald's Corporation (the "Company"). The decision follows the Court's earlier decision to deny a motion to dismiss similar claims brought against the Company's officers and to extend the Caremark duty to corporate officers, as discussed here.

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Successful Acquisitions

MARCH 23, 2023

Operations – The Fourth Variable in your Selling Equation By Brian Goodhart The essence of the Operational component of your selling equation is the fundamental question of whether the owner’s departure upon sale would cause a material disruption in the performance of the business. In a perfect world, a business owner would be able to leave at their convenience or the buyer’s and the business would continue operating as usual.

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How2Exit

MARCH 21, 2023

10 Concepts You and I Can Learn About Buying Businesses in the UK From How2Exit's Interview With John Andrews - London Attorney. Watch Here E15 Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

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Business Accountant Book-building Negotiation 130

Chesapeake Corporate Advisors

MARCH 22, 2023

You may have heard the term “business valuation” in the context of selling a company. But a business valuation is much more than a tool to assess how much a buyer might pay for the company you have spent years building. At any stage of your business’ lifecycle, a valuation can create a competitive advantage. What is a Business Valuation? A business valuation is an appraisal of what your business is worth at a given point in time.

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Valuation Business Advisory Corporation 52

Speaker: Robbie Bhathal, Founder & CEO, and Matthew Acalin, Head of Credit Intelligence

In today's volatile financial environment, how confident are you in your company’s financial forecasting? To get the most accurate cash predictions that will lead to long-term financial survival, real-time data is critical. Innovative cash management strategies can lead to better credit opportunities, more sustainable growth, and long-term financial prosperity.

Finance

EthosData Virtual Data Room

MARCH 21, 2023

In today's fast-paced business environment, mergers and acquisitions (M&A) have become a common occurrence. However, M&A deals involve a massive amount of sensitive information that needs to be shared between parties involved in the transaction. This is where virtual data rooms (VDRs) come into play, as they provide a secure platform for sharing confidential information.

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Securities Mergers and Acquisitions M&A Shares 52

Sun Acquisitions

MARCH 22, 2023

The first step in a successful sale of your business is finding the right buyer. Not every potential buyer will be a perfect match, but if you take the time to ensure you’re selling your business to a compatible party, it could avoid disaster for both parties involved. Other than wanting to know that your employees and clients are in good hands post-transaction, there are other important reasons to carefully select a buyer.

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Business Mergers and Acquisitions Broker Negotiation 52

How2Exit

MARCH 20, 2023

11 Things We Can Learn About Vision, Stories, and People in M&A from the How2Exit Interview of Andrew Pierno. Watch Here: E14 Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

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Cooley M&A

MARCH 22, 2023

With the US initial public offering markets continuing to remain largely closed, and special purpose acquisition company combinations being costly and complex, there’s a new kid in town for foreign companies looking to go public in the US: reverse mergers. We’ve seen a material increase in reverse merger transactions – particularly with cross-border elements, and we expect many more will follow given current market conditions.

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Mergers IT Mergers and Acquisitions IPO 52

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IT

Software Equity Group

MARCH 21, 2023

Early-stage software businesses may reach a point where they seek resources to help accelerate growth and execute business goals. There are several resources for growth capital: debt from a lender or financial institution, minority equity financing, or majority equity financing through a control transaction. Each method offers different benefits; finding the best option for your software company’s goals is essential to ensure that you clearly understand the landscape and how best to presen

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Private Equity Info

MARCH 21, 2023

Customer Satisfaction Survey 2023: Results Show We Exceed Client Expectations in Quality of Data, Customer Service, and Pricing In January and February of 2023, Private Equity Info surveyed clients to understand our customers' perceptions of how we are doing, relative to the type of company we aim to be. My goal, when I founded Private Equity Info in 2005, was to create the data and tools I wished I had while working as an investment banker - to easily identify highly targeted lists of the priva

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Private Equity Equities M&A Investment 52

How2Exit

MARCH 19, 2023

11 Concepts You and I Can Learn About the Market & Selling a Small Business From How2Exit's Interview With Lane Carrick - Serial Entrepreneur W/ Multiple Exits: E13 Watch Here Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

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Business Broker Mergers and Acquisitions IT 130

IBG

MARCH 21, 2023

Fi-Foil Company, Inc., a Florida-based provider of high-performance insulation systems, has purchased Kennedy Insulation Group. FiFoil Company is a portfolio business of Validor Capital. Terms of the sale were not disclosed at the parties’ requests. Established in Carthage, Missouri, in 2008 by Rick and Chris Kennedy, Kennedy Insulation Group is known nationally for its exclusive VerSola TM multi-layer reflective bubble insulation product, which FiFoil CEO Bill Lippy hailed as “highly complemen

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Sale Portfolio Business Capital 52

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Manufacturing

Sun Acquisitions

MARCH 18, 2023

Due diligence is an essential part of mergers and acquisitions (M&A). It is a process that involves investigating the target company to ensure that all relevant information has been disclosed before the deal is finalized. The aim of due diligence is to identify any potential risks or liabilities associated with the acquisition, assess the strategic fit, as well as to validate the value of the target company.

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Mergers and Acquisitions Acquisitions Mergers M&A 52

Cooley M&A

MARCH 21, 2023

Corp Fin has posted an update to the CDIs related to the tender offer rules and schedules and our Public Companies blog summarizes key takeaways.

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How2Exit

MARCH 18, 2023

10 Things We Can Learn about M&A and Entrepreneurship from Our Interview of Jeanette Holm - Award-Winning Entrepreneur E12: watch here Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

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Shearman & Sterling

MARCH 24, 2023

On March 1, 2023, Vice Chancellor Lori Will of the Delaware Court of Chancery declined to dismiss a putative class action brought by stockholders of special purpose acquisition company (or "SPAC") GigCapital2, Inc. ("Gig2") against Gig2's controlling stockholder and directors, asserting that they breached their fiduciary duties in connection with Gig2's acquisition of UpHealth Holdings, Inc. and Cloudbreak Health, LLC in a so-called "de-SPAC" merger.

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Mergers and Acquisitions Mergers Acquisitions Business 40

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Healthcare

Cleary M&A and Corporate Governance Watch

MARCH 22, 2023

Please click here for the latest edition of the Cleary Gottlieb M&A Telegram for Germany.

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M&A 52

Shearman & Sterling

MARCH 24, 2023

On March 1, 2023, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery dismissed derivative claims brought by stockholders for breach of the fiduciary duty of oversight under Caremark against the directors of McDonald's Corporation (the "Company"). The decision follows the Court's earlier decision to deny a motion to dismiss similar claims brought against the Company's officers and to extend the Caremark duty to corporate officers, as discussed here.

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Corporation 40