M&A transactions and practical empathy

Linkedin Post

I was reminded of what Seth Godin said about practical empathy in a podcast while I was in a meeting that went on for hours to discuss an M&A transaction.

It may not be verbatim. It went along the lines of β€œπ˜±π˜¦π˜°π˜±π˜­π˜¦ π˜₯π˜°π˜―β€™π˜΅ 𝘬𝘯𝘰𝘸 𝘸𝘩𝘒𝘡 𝘺𝘰𝘢 𝘬𝘯𝘰𝘸, π˜₯π˜°π˜―β€™π˜΅ 𝘸𝘒𝘯𝘡 𝘸𝘩𝘒𝘡 𝘺𝘰𝘢 𝘸𝘒𝘯𝘡, π˜₯π˜°π˜―β€™π˜΅ 𝘴𝘦𝘦 𝘸𝘩𝘒𝘡 𝘺𝘰𝘢 𝘴𝘦𝘦. π˜›π˜©π˜¦π˜Ί 𝘩𝘒𝘷𝘦 𝘒 𝘯𝘰π˜ͺ𝘴𝘦 π˜ͺ𝘯 𝘡𝘩𝘦π˜ͺ𝘳 𝘩𝘦𝘒π˜₯ π˜΅π˜©π˜’π˜΅β€™π˜΄ π˜₯π˜ͺ𝘧𝘧𝘦𝘳𝘦𝘯𝘡 𝘡𝘩𝘒𝘯 𝘡𝘩𝘦 𝘯𝘰π˜ͺ𝘴𝘦 π˜ͺ𝘯 𝘺𝘰𝘢𝘳 𝘩𝘦𝘒π˜₯ 𝘒𝘯π˜₯ π˜΅π˜©π˜’π˜΅β€™π˜΄ 𝘰𝘬𝘒𝘺.”

Understand that people come with different experience and background. What one person sees as commonly done may not be so for another person. An issue that one person views as important may seem to be a non-issue to another person. Having a little bit of empathy put things into perspective.

#malaysiancorporatelawyer
#mergersandacquisitions

This post was first posted on Linkedin on 30 September 2022.

Linkedin Post
Partial Share Sales in Malaysia: What Sellers Need to Know About Guarantees

In partial disposals, it’s common for sellers and buyers to agree that any existing guarantees given by the sellers to secure banking facilities of the target companies will be adjusted to reflect the post-completion shareholding. For public listed companies (PLCs) in Malaysia, this can affect the deal timeline if not …

Linkedin Post
M&A Break Fees: Practical Constraints in Malaysia

In M&A transactions, break fees refer to a pre-agreed sum payable if a party withdraws from a proposed transaction without any breach by the counterparty. In principle, break fees are intended to deter frivolous exits and to compensate the other party for transaction-related costs, including due diligence and advisory expenses. …

Linkedin Post
M&A Disclosure Letter: DIY or Get a Lawyer?

In M&A transactions, a disclosure letter sets out the exceptions and qualifications to the representations and warranties (R&Ws) given by a seller in a share sale and purchase agreement (SPA). Getting it wrong can turn an unintentional misstatement into a breach of contract, with serious legal and financial consequences. Should …