Negotiating Terms of Merger & Acquisition Transactions

Contact Neufeld Legal PC for corporate transactional and legal matters at 403-400-4092 / 905-616-8864 or Chris@NeufeldLegal.com

Working to obtain the optimal outcome in your corporate merger / acquisition.

Successful negotiations are the product of understanding what needs to negotiated and how it bears on the transaction as a whole. Without such an understanding of the particulars impacting the transaction and how they interplay in the overall picture, it is not possible to properly negotiate the best deal for your business. Whether it is failing to identifying important elements that need to be addressed or become distracted by inconsequential aspects that serve little or no purpose in the big picture, your m&a lawyer needs to provide you with the insight and perspective as to what can be of significance in the negotiating process, why it is significant and how it should be approached.

The fact that the opposing party ultimately rejects the alteration is a product of negotiations, but at least this means that you are proceeding with the transaction aware of its limitations and challenges. How this impacts the ultimate form of the transaction is up to yourself, yet it is your professional team (including your lawyer) who should be providing you with the means to negotiate the business deal that is most appropriate and acceptable with yourselves. Without this professional support you will be at a significant disadvantage in attaining the optimal results when negotiating the terms of your proposed transaction.

Special circumstances can arise that will dictate that the traditional approach to negotiating the business purchase and sale is replaced by what can be a significantly altered transactional arrangement to facilitate the disposition of the business.

• Death of the Business Owner: The untimely death of the business owner can necessitate the sale of the busines by the executor / administrator of their estate, which can also arise when the designated successors are unwilling to assume control and responsibility for the business [more on Business Transactions on Death].

• Terminal Illness or Permanent Disability of the Business Owner: When a business owner's health worsens, in particular when they are diagnosed with a terminal illness or they become permanently disabled, divesting control and ownership of the business becomes an increasingly pressing matter [more on Business Transactions on Illness].

• Departure of the Business Owner: Circumstances, often unrelated to the business, can effectively force out a business owner and necessitate the sale of the underlying business, including personal burn-out, stress, loss or serious illness of a family member, divorce, criminal activity, personal financial issues [more on Business Transactions on Departure].

• Financial Business Collapse: Even when a business takes a significant financial hit, the entire business (or component parts of the business) may still have value that can be sold off, as it could not survive with its current ownership [more on Business Transactions on Financial Collapse].

When it comes to the legal component of corporate mergers & acquisitions, that is when the law firm of Neufeld Legal P.C. comes into play. Such that when your company is seeking knowledgeable and experienced legal representation in orchestrating and completing business mergers, acquisitions and divestitures, contact us at 403-400-4092 [Alberta], 905-616-8864 [Ontario] or Chris@NeufeldLegal.com.