Wed.Mar 22, 2023

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Stock Sales Versus Asset Sales

Benchmark Report

For the sale of a company, the parties involved can choose to structure the deal as an asset sale or a stock sale. An asset sale is when a company sells all of its assets or a portion of them. In this type of deal, the seller remains the legal owner of the business but no longer owns the assets sold. Under a stock sale, the buyer purchases equity from the selling company’s shareholders.

Equity 52
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Communicating Your Company’s ESG Strategy in 2023

Harvard Corporate Governance

Posted by Martha Carter, Orson Porter, and Matt Filosa, Teneo, on Wednesday, March 22, 2023 Editor's Note: Martha Carter is Vice Chair & Head of Governance Advisory, Matt Filosa and Orson Porter are Senior Managing Directors at Teneo. This post is based on a Teneo memorandum by Ms. Carter, Mr. Filosa, Mr. Porter, Andrea Calise , Jeff Sindone and Andy Fitch.

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M&A Deal Killers: Business Deal Breaker #5

Viking Mergers

Having a deal fall apart at the last minute is every business owner’s nightmare. But if you take the time to anticipate what could go wrong, you can have time to address and resolve potential issues. If you are not sure what to look for, know that you’re not alone. Most owners are just like you; they don’t know exactly what does or does not need to be done from a financial perspective to prepare to sell their business.

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Private Equity—2023 Outlook

Harvard Corporate Governance

Posted by Karessa Cain, Victor Goldfeld, and Charles See, Wachtell, Lipton, Rosen & Katz, on Wednesday, March 22, 2023 Editor's Note: Karessa L. Cain and Victor Goldfeld are Partners, and Charles C. See is an Associate at Wachtell, Lipton, Rosen & Katz. This post is based on a Wachtell memorandum by Ms. Cain, Mr. Goldfeld, Mr. See, Andrew Nussbaum , Steven Cohen , and John Sobolewski.

Equity 235
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How to Leverage Intent Data for Better Outcomes

Speaker: Susan Spencer, Principal of Spencer Communications

Intent signal data can go a long way toward shortening sales cycles and closing more deals. The challenge is deciding which is the best type of intent data to help your company meet its sales and marketing goals. In this webinar, Susan Spencer, fractional CMO and principal of Spencer Communications, will unpack the differences between contact-level and company-level intent signals.

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The New Business Reference Guide and Rules of Thumb

BVR

Rules of thumb can be a great way to estimate value in your compensation reports. Read on to see how the Business Reference Guide uses these rules of thumb to help make your valuations a little easier.

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Lamborghini's Best Year Ever, Again: Q&A With CFO Paolo Poma

Global Finance

Are luxury cars untouched by economic slowdown and inflation? The latest results from Italian luxury automaker Lamborghini suggests so. CFO Paolo Poma believes the company can even improve its profitability, despite economic headwinds. Global Finance spoke with Poma—who has been managing director and CFO since 2017—when he recently visited New York.

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More Trending

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Skinny design: Smaller is better

Mckinsey and Company

The ability to improve cost savings, sustainability, and consumer benefits has proven skinny design packaging to be a powerful tool to maximize product volume and performance.

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Beware of Employee Retention Credit Scams

Gross Mendelsohn

If advertisements about the Employee Retention Credit (ERC) have grabbed your attention, you’re not alone. Scammers have jumped on the opportunity to convince business owners to claim this potentially lucrative tax credit. Here’s what you need to know about the ERC, who qualifies and how to avoid falling victim to a scam.

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Poison Pills in the Shadow of the Law

Reynolds Holding

Poison pills are one of the most powerful deterrents to hostile takeovers, making a takeover so unattractive and expensive that a potential acquirer declines to pursue it. A pill typically works by triggering the issuance of new shares to “old” shareholders when a hostile takeover threat arises, thus diluting the acquirer’s stake and making the acquisition unviable.

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J.P. Morgan to Acquire Aumni, a Leading Provider of Investment Analytics Software for Venture and Private Market Investors

Business Wire M&A

NEW YORK--(BUSINESS WIRE)--J.P. Morgan (NYSE: JPM) announced today that it has entered into a definitive agreement to acquire Aumni, a leading provider of investment analytics software to the venture capital industry. Financial terms of the transaction were not disclosed and closing is expected in the first half of 2023.

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Statement of Cash Flows vs. Cash Flow Statement

Speaker: Wayne Spivak - President and Chief Financial Officer of SBA * Consulting LTD, Industry Writer, and Public Speaker

The old adages that "cash is king" and "you can’t spend profits" still hold true today. But however well-known these sayings might be, it requires a change in mindset to properly implement a cash flow management system that predicts your business's runaway as accurately as possible. Key to this new mindset is understanding the difference between the Statement of Cash Flows, a historical look at the source and uses of cash, and the Cash Flow Statement, which uses transaction history and forward-l

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Hedge Fund Wants To 'Bully' Feds On Tegna Deal, Unions Say

Law 360 M&A

Two broadcast unions accused hedge fund Standard General on Wednesday of a "desperate attempt to bully" the Federal Communications Commission into approving its bid to take TV station chain Tegna private at $8.6 billion.

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Mental Health Leader SonderMind to Provide More Personalized Care with Acquisition of Mindstrong Technology

Business Wire M&A

DENVER--(BUSINESS WIRE)-- #mentalhealth--Mental health care provider SonderMind has acquired Mindstrong technology, accelerating the delivery of personalized, measurable, high-quality care.

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Forward Thinking on ‘megathreats,’ ‘polycrises,’ and ‘doom loops’ with Nouriel Roubini

Mckinsey and Company

“Let’s stop putting our heads in the sand like ostriches, pretending that problems don’t exist,” says an economist noted for his early warning about the global financial crisis. “If you don’t address them individually and collectively, eventually they will overwhelm us.

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Standard Solar Acquires 21 MW Community Solar Project Portfolio from New Leaf Energy; Expands Ownership Portfolio in Northeast

Business Wire M&A

ROCKVILLE, Md.--(BUSINESS WIRE)-- #batterystorage--Standard Solar, a leader in the ownership, operation, funding and development of commercial and community solar assets, today announced it has acquired a planned 21 megawatts (MW) of solar projects in New York and Massachusetts, from New Leaf Energy.

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Mastering Intent Data: Understanding its Importance & Best Practices

Speaker: Joe Apfelbaum, CEO of Ajax Union

In this webinar, Joe Apfelbaum, CEO of Ajax Union and business strategist, will take you through the ABCs of intent data. You'll learn how to effectively use it to drive business results, with practical tips on how to leverage both company and contact intent data to maximize your marketing efforts. Whether you're a seasoned marketer or just getting started, this webinar is a must-attend for anyone looking to stay ahead in the ever-evolving world of digital marketing.

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How U.S. Home Valuations Are Being Subverted

Appraisers Blog

At the crossroads of it all is a campaign to weaken or eliminate valuations… The nonprofit is now exploring ways it can set standards for automated valuations… Expect greater distortions from Freddie and Fannie’s plodding and committee-driven foray into automated valuations. Sometimes when the hair on the back of your neck stands up, there’s a reason for it.

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The $17bn battle over Credit Suisse’s debt

Financial Times M&A

Hong Kong and Singapore compete for offshore funds and rival hoteliers square off

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Ex-Volleyball Star Finds Purpose In Fine Print Of M&A Work

Law 360 M&A

Michelman & Robinson LLP associate Hayley Hodson found her way to the law after injuries dashed the former volleyball player's Olympic dreams.

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Audit efficiency: How to avoid common traps

ThomsonReuters

An audit team’s ability to conduct efficient, effective audits can be a major differentiation factor that sets them apart from the competition. But with all the complexities of modern-day audits, it can be difficult to ensure that you are making the most of your time and resources. That’s why it’s important to recognize common audit traps — it not only helps your team tackle these new challenges, but it also sets them up for success.

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Using sustainability to transform food systems in South Korea

Mckinsey and Company

Now is the time for grocers to develop strategic sustainability plans focused on value creation and think more broadly about the role they can play in encouraging change across the full value chain.

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Billionaire Ratcliffe plans to offer more than £5bn for Manchester United

Financial Times M&A

Entrepreneur is competing against Qatari businessman Sheikh Jassim bin Hamad al-Thani for Premier League football club

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Being Well and Doing Well: How Auditor Happiness Fosters Greater Success

Audit Board

Ever since socially-minded entrepreneurs nurtured employee welfare to ameliorate the worst impacts of the Industrial Revolution, we have understood that ethical and economical impulses can be complementary rather than being mutually exclusive. Unfortunately, according to one study , an organisation’s values tend to become diluted with each change of leadership.

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Stratasys Shares Climb After It Dumps Nano Dimension's Takeover Offer At $18 Per Share

Benzinga

On March 22, Polymer 3D printing solutions provider Stratasys, Ltd's (NASDAQ: SSYS ) board unanimously rejected Nano Dimension Ltd's (NASDAQ: NNDM ) takeover offer for $18.00 per share in cash. Following the review, the Stratasys board concluded that Nano's proposal substantially undervalues the company and is not in the best interests of Stratasys and its shareholders.

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Effectively Managing Risk Across Your Organization: 3 Key Strategies

Audit Board

Enterprise risk encompasses regulations, finance, operations, technology, reputation, strategy, and many more — and losing control over any one of these risk areas could mean disaster. Lately, with the increased focus on strong governance requirements, there is more scrutiny over risk management programs. This article will share insights on three holistic risk management strategies organizations use to meet modern governance expectations. 1.

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Selling Your Business to the Right Buyer: How to Find the Perfect Match

Sun Acquisitions

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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Life Sciences Reverse Mergers Go Global: Is it the Path for Your Company?

Cooley M&A

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.

Finance 52
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Helium Company Enters Joint Venture In Major Arizonan Natural Gas Field, While Markets Are Still Suffering A Shortage

Benzinga

Helium company Total Helium Ltd. (OTCQB: TTLHF ) has announced a joint venture with companies Butler Minerals I and Mid America Exploration for helium exploration and production in a major Arizonan field site. The helium market is worth $4.4 billion globally, and there is a sustained demand as the market is expected to grow at over 12% annually between 2022 and 2023.

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Huron Capital’s ExecFactor® Platform, Exigent, Acquires JPG Plumbing & Mechanical Services and ThermaServe

Business Wire M&A

DETROIT--(BUSINESS WIRE)--Leading lower middle-market private equity firm Huron Capital (“Huron”) announced today that its portfolio company Exigent Holdco LLC (“Exigent” or the “Company”), a provider of mission-critical HVAC, plumbing, and other mechanical system repair, maintenance, and replacement services, has acquired JPG Plumbing & Mechanical Services Inc.

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Irwin Naturals Acquires Ketamine Media

Benzinga

Irwin Naturals Inc. (OTCQB: IWINF ) (CSE:IWIN) (FRA: 97X) acqui red Keta Media, LLC, dba Ketamine Media. Ketamine Media is an advertising company dedicated to raising awareness about the clinical use of ketamine. This acquisition empowers Irwin Naturals to broaden its presence in the burgeoning ketamine therapy market and offer a diverse array of marketing solutions to support the company's products and services.

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UK Raises Concerns Over Broadcom's $61B VMware Takeover

Law 360 M&A

Britain's antitrust authority said Wednesday that the $61 billion acquisition by Broadcom Inc., a semiconductor chipmaker, of a cloud services provider could drive up the cost of computer parts and software used by the government, banks and telecommunication firms.

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MediPharm Labs Shareholders Approve Merger With VIVO Cannabis

Benzinga

MediPharm Labs Corp. (OTCQX: MEDIF ) (TSX:LABS) (FSE:MLZ) announced that the shareholders of MediPharm have approved the plan of arrangement under section 192 of the Canada Business Corporations Act, pursuant to which MediPharm will acquire all of the issued and outstanding common shares of VIVO Cannabis Inc. (OTCQB: VVCIF ) in an all-equity business combination transaction.

Equity 52
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Tips for optimizing your Adobe Commerce store

Avanade

To maximize the potential of your e-commerce store, you must optimize it to enhance the user experience, increase your website's visibility, and boost your conversion rates.

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Eat, play, love: How Gen Z is shaping Korea’s grocery retailers

Mckinsey and Company

Korea’s emerging Gen Z consumers want food that’s convenient, varied, and ethically and environmentally friendly. Retailers should take note.

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UK regulator warns on Broadcom’s $69bn VMware deal

Financial Times M&A

Competition and Markets Authority says it may launch in-depth probe if concerns are not addressed

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South Korea’s next sales frontier: Retail media networks

Mckinsey and Company

As consumer spending shifts online, many traditional retailers have been caught flat-footed. Retail media networks hold huge promise— but retailers need to seize the opportunity.