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Striking the Balance: Key Negotiation Points in Today’s Agreements

Focus Investment Banking

Striking the Balance: Key Negotiation Points in Today’s Agreements The M&A landscape is always transforming. Letters of Intent (LOIs) have evolved from brief outlines of deal terms to detailed blueprints, setting the stage for negotiations long before the purchase agreement is drafted. hitting revenue or profit goals).

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Want to Know How to Dominate Negotiations? Master Negotiation Secrets: Unlock Deals Like a Pro

How2Exit

E261: Want to Know How to Dominate Negotiations? Master Negotiation Secrets: Unlock Deals Like a Pro - Watch Here About the Guest(s): Derrick Chevalier is a seasoned negotiation expert and consultant with decades of experience in the field.

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LOIs in M&A Transactions: Striking the Right Balance Between Commitment and Flexibility

JD Supra: Mergers

It outlines the key terms and mutual understanding between a buyer and seller while they progress through due diligence and work towards negotiating, preparing, and executing a definitive agreement. A letter of intent (LOI) or term sheet tends to be the first substantive document for an M&A transaction.

M&A 171
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Synthetic W&I Insurance: Broadening Warranty Protection in M&A

JD Supra: Mergers

With the evolving transactional risk market, synthetic W&I insurance has become a viable alternative when traditional W&I insurance is not available for various reasons or if there is a desire to avoid the negotiation of representations and warranties.

Insurance 159
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What Is the Difference Between Pre-Packaged and Pre-Negotiated Bankruptcy Plans, and What Are Restructuring Support Agreements? - Creditor’s Rights Toolkit

JD Supra: Mergers

Unlike traditional Chapter 11 “free fall” bankruptcy cases, some debtors enter bankruptcy with pre-packaged or pre-negotiated plans, offering major advantages such as reduced case length. These plans, largely drafted and agreed upon prior to filing, can expedite case resolution from over a year to mere weeks.

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ONSC Denies Claim for Acceleration of Earn-Out Payment

JD Supra: Mergers

The Court's interpretation of the SPA, including the earn-out acceleration clause and the meaning of the word "material", provides important guidance for businesses negotiating and enforcing earn-out provisions. The Ontario Superior Court of Justice recently released its decision in Project Freeway Inc. v ABC Technologies Inc.

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A Sharper Focus: Exploring VC Side Letters

JD Supra: Mergers

By: Troutman Pepper Locke