negotiating M&A purchase agreement

Mergers and acquisitions are both exciting and stressful for all parties involved. But if you’re buying a new business, negotiating the purchase agreement is the best way to ensure that you’re comfortable with the terms and conditions. There’s more to those negotiations than you might think initially, and you’ll need to be prepared. Here are a few tips that your Wisconsin mergers and acquisitions attorneys at Kerkman & Dunn want you to keep in mind.

Do Your Due Diligence

When you’re buying a new company, it’s still in your best interest to do your due diligence and research the selling party before agreeing to the terms. Read up on their business, their board, and their financial position. Use that information as you review the purchase agreement to make sure it’s in line with what you’re comfortable with. If you notice anything that seems off or you’re not confident that the company will live up to your expectations once acquired, you may want to keep looking for a different seller. That delay may make your financial situation more difficult in the short term, but by waiting, you may find a better fit.

Be Objective, Not Emotional

You started your business and invested a lot of time, effort, and stress into growing it into the company it is today. This can result in a tendency to view the merger in an emotional way. When you allow your emotions to color your opinion of the deal, you risk losing out on a great opportunity. Try to separate your emotions from the situation and look at the company from a business perspective. You can work with your Wisconsin mergers and acquisitions attorney to make sure the company you’re merging with is the right fit and will work in your best interest.

Don’t Be Afraid to Say ‘No’

There may be a few companies on the table that just don’t work for you or come from industries you’re not comfortable operating in. That’s okay and you’re under no obligation to invest in those companies. Be willing to say no if you’re not comfortable with any of the terms. Remember, you can and should advocate for your company during the merger. That means being willing to contest offers and negotiate better terms.

Work With a Wisconsin Mergers and Acquisitions Attorney

No matter what stage you’re in working with an experienced mergers and acquisitions lawyer is always a good idea. They’ll be able to represent your interests as a business owner and can negotiate with the selling party on your behalf. If you have any questions during the merger, they can explain the details to you with ease. 

At Kerkman & Dunn, our team understands that negotiating purchase agreements is stressful, even if you’ve been through the process before. We want to help you reach an agreement that’s beneficial to your business and your goals. Our team will work with you to negotiate the terms of any agreement with any company you’re interested in. Contact us to schedule a consultation. 

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