The One Question to Ask in M&A Transactions

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When discussing M&A deals with clients who are seeking to undertake acquisitions, I always ask this question:

๐˜ž๐˜ฉ๐˜บ ๐˜ฅ๐˜ฐ ๐˜บ๐˜ฐ๐˜ถ ๐˜ธ๐˜ข๐˜ฏ๐˜ต ๐˜ต๐˜ฐ ๐˜ข๐˜ค๐˜ฒ๐˜ถ๐˜ช๐˜ณ๐˜ฆ ๐˜ต๐˜ฉ๐˜ช๐˜ด ๐˜ค๐˜ฐ๐˜ฎ๐˜ฑ๐˜ข๐˜ฏ๐˜บ?

Understanding the underlying motivation behind our clientsโ€™ decision for their acquisitions helps us to achieve the following:

– We direct our focus to what matters most to the clients during the legal due diligence exercise.

– We tailor the representations and warranties in the transaction agreements to address the clientsโ€™ concerns.

– We balance potential risks against anticipated benefits of the acquisitions to provide recommendations that best fit the clientsโ€™ requirements.

Though not always expressly stated in sale and purchase agreements, the reasons for acquisitions significantly shape the negotiation and drafting of the agreements.

This post first appeared on LinkedIn on 17 August 2023.

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