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Deal Structures: Legalities to Negotiate When Selling a Business

Viking Mergers

When a buyer presents an offer document (LOI or Offer for Purchase are most often used) to purchase your business, besides the proposed purchase price, it will include proposed payment terms, conveyance of assets, legalities, post-closing transition period, and more.

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STOCK vs. ASSET - ALLOCATION OF PURCHASE PRICE

The Mentor Group

The following is a simplified overview of the need for documentation to support an allocation of the purchase price of a business. In most purchases, the agreement contains a schedule of allocated value to the assets, agreed upon by the buyer and seller. Basis or net asset values of acquired company carried over to new company.

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Cooley Discusses “Internal Control over Sustainability Reporting”

Reynolds Holding

The second difference is the “inherently more qualitative” nature of sustainability information than traditional financial reporting; the “goal is to produce information so that users may assess short-, medium-, and long-term future performance and expectations that relate to an ultimate enterprise value (or going concern value).”

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The Art of the Dealership: A Legal Road Map for Buying and Selling Automotive Dealerships

Shephard Mullin M&A

Accordingly, buyers and sellers need to allow themselves sufficient time to negotiate and document these various real estate agreements. This is a fixed amount and is typically not subject to any adjustment.

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