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18 Key Issues In Negotiating Merger And Acquisition Agreements For Technology Companies

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18 Key Issues In Negotiating Merger And Acquisition Agreements For Technology Companies Richard Harroch   Contributor AllBusiness Contributor Group i By Richard D. Harroch, David A. Lipkin, and Richard V. Smith Effectively negotiating merger and acquisition agreements for a privately held technology company involves addressing and resolving a number of key business, legal, tax, intellectual property, employment, and liability issues. Such agreements are often heavily negotiated, and a poorly negotiated transaction can result in significant risks to the selling company and its shareholders, including with respect to the certainty of closing the deal and potential post-closing indemnification liabilities to the buyer. This article discusses a number of the hotly contested key issues in acquisitions of privately held technology companies. The ability to achieve success in any negotiation depends on a number of factors: the leverage a party has in the...
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Popular Businesses Being Bought in the U.S. – And How Much They Cost

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The Most Popular Businesses Being Bought in the U.S. – And How Much They Cost Each quarter, BizBuySell, the Internet’s largest business-for-sale marketplace, analyze sales and listing prices of small businesses across the United States. Business transactions reached record levels in 2014, the highest number of businesses changing hands since BizBuySell started tracking data in 2007. The full results are included in  BizBuySell’s 2014 Insight Report , which aggregates statistics from business-for-sale transactions reported by participating business brokers nationwide. The increase in the volume of small business transactions over the past year can be attributed to a number of factors. BizBuySell’s December survey of business brokers  attributed this growth to an increase in the number of qualified buyers as the top driver of growth. Moreover, 78 percent of business brokers surveyed attributed at least 25 percent of their closed transact...
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10 Reasons why your buisness May not sell ( not the only but top 10 list)

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It would be nice to live in a world where every business-for-sale was sold at top dollar. While there is no such thing as a perfect business free from all defects, there are a number of problems that can hinder a sale that could be remedied, if given enough time. This article lists ten of the reasons which are often cited as contributing factors in an unsuccessful sale or a completed deal for less than potential value. Business intermediaries need to be up-front with their seller clients, educating them on the challenges faced, and the likely impact that one or more of these issues will have on completing a successful transaction.    1.    UNREALISTIC EXPECTATIONS   a.    Valuation/Listing Price Arguably, the price a business is listed at is one of the critical elements to a successful sale.  An owner’s emotional attachment to their business, coupled with an inexperienced business intermediary’s desire to obtain the listin...
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