March, 2017

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M&A Broker Tips: How to Sell a Business – Seller Financing

IBG Business

M&A Broker Tips: How to Sell a Business – Seller Financing. What is seller financing, and why is it so popular in the mergers and acquisitions industry? What seller financing can mean for the sale of your business. M&A brokers, intermediaries and advisors know that most businesses for sale offer some type of seller financing. Seller financing in business sales covers a portion of the purchase price in the form of a loan.

Finance 52
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DFC Global a “Lightning Rod” for the Merger-Price Debate

Appraisal Rights

The Financial Times published this critical assessment [$$$] of the DFC Global ruling and of the appraisal arbitrage strategy more generally, observing that the pending DFC Global appeal frames the current debate about what role, if any, merger price should play in appraisal cases.

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$2 Billion Purchase Price Dispute Over GAAP Compliance Highlights Need for Careful Drafting

Cooley M&A

Purchase price adjustments are common features (2015 SRS study: 77% of deals) of private merger agreements that are generally intended to ensure that the acquired company will have the same level of cash or working capital to operate the business post closing that it had at signing. However, if not carefully considered, purchase price adjustment disputes may result in an unintended renegotiation of the purchase price after the closing in a way that significantly changes the economics of the tran

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SELLING A BUSINESS; TIPS ON STRONG SELLING POINTS

IBG Business

“Independent business owner” is a term that can have several meanings. While “independent” can be used literally to describe the business, it can also define the personality of the owner – and in a sale, that can be a mixed blessing. Think about the traits that made you a successful business owner. Things like “confident,” “self-assured,” “strong-willed” and, yes, “independent” likely spring to mind.

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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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Oklahoma oil and gas industry business for sale by sealed bid.

IBG Business

Pipeline construction. Great history and quality equipment, well–maintained. Owner retiring. Considering bids on April 6 for business in its entirety, facilities, MSA’s, equipment – all or any piece. Strategically located to serve midstream companies in SACK and SCOOP plays. Contact JJohnson@IBGBusiness.com or call 918 749-6016. IBG-CIP-Pipeline-Flyer.

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Another Fed Rate Increase Again Raises Statutory Appraisal Interest

Appraisal Rights

Last week the Federal Reserve issued another rate hike, just months after its December rate increase. The recent hike has increased the Fed’s discount rate — also known as its primary credit rate — by 0.25%, up to 1.50%. Effective as of March 16, 2017, this will increase the rate of statutory interest in appraisal cases to 6.50%, compounded quarterly, as the appraisal statute sets interest at 5% over the Federal Reserve discount rate.

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CLS BlueSky: Podcast with Vice Chancellor Laster

Appraisal Rights

In a recent podcast , the Columbia Law School BlueSky Blog features Delaware Vice Chancellor Laster – whose appraisal decisions we have covered repeatedly – discussing the appraisal remedy. While the entire podcast is certainly worth a listen, some important topics include the history of appraisal (~1:30); when markets may depart from fair value (~5:50); how appraisal may act as a reserve price (~9:30); the discovery burden in appraisal (~14:20); interest rates and the relevance of int