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Comparing Multiple Offers: Mergers & Acquisitions Explained

Let's say your broker or banker has done such an excellent job that you have the good fortune of multiple buyers chomping at the bit to buy your business. How do you compare those offers and letters of intent? Here are some considerations: 1:42 - Purchase price - the most obvious factor, but can come in different structural forms including deferred and contingent purchase prices. 5:30 - Responsibilities post-closing, particularly things like indemnification and indemnity caps 9:04 - Terms of a non-compete, especially the length of term, the geographic area covered by the agreement and the scope of activity prohibited by the non-compete 10:28 - Who is your buyer? - Three broad categories are private equity, competitors and individuals. It's important you understand who your buyer is and what to look out for when interacting with them. Take a look and contact us with any comments or questions. Take a look at the video Brett mentioned about non-compete agreements:    • Are Non-Competes Enforceable? | A Cor...   _____________________________________________ Have questions? Book a call, and talk to Brett today: https://clarity.fm/brettcenkus _______________________________________________ You can reach Brett through: https://clarity.fm/brettcenkus   / brettcenkus     / bcenkus   https://www.cenkuslaw.com https://braatenwoods.com https://merger-resources.com _______________________________________________ Brett A. Cenkus has 20+ years of experience in business law, finance, and entrepreneurship. Through Cenkus Law, PC, he provides advice and services for mergers & acquisitions (M&A), securities offerings, founders’ agreements, and other general business law issues. Through Braaten Woods, LLC, Brett helps business owners in the lower middle market ($2MM - $25MM) position themselves for sale, find buyers, negotiate, and close M&A deals. Brett also maintains merger-resources.com, a site packed with free articles, videos, checklists, deal diagrams, template contracts, and other tools to help pass M&A knowledge to others. Brett regularly consults with entrepreneurs and invests his own capital as an angel investor. From 2010-2013, Brett served as Chief Legal Counsel of a publicly-traded international oilfield services company. From 2001 to 2006, he and a partner founded and built Paragon Residential Mortgage. Bridge Investments acquired Paragon in 2006. Brett holds a Juris Doctorate from Harvard Law School and a Bachelor of Arts degree in Economics from Messiah College in Grantham, Pennsylvania. Brett lives in Austin with his wife, Cathryn, and two children. He enjoys reading, squash, classic movies, great food and wine, and the New England Patriots. #corporatelaw #mergersandaquisitions #businesslaw #corporatelawyer