Mergers & Acquisitions For Dummies
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Contracts, in other words, the written and oral obligations of the company, are hugely important for any M&A Buyer; she needs to have a clear idea before closing of what contractual commitments her new company has. This information may include

  • Written description of any oral agreements or arrangements

  • All contracts or agreements pertaining to any subsidiary, partnership, or joint venture relationship

  • All contracts between the company and any officers, directors, 5 percent shareholders or any of their respective families or affiliates

  • License, sublicense, royalty and franchise agreements, or equipment leases

  • All distribution, agency, manufacturer representative, marketing, and supply relationships and obligations with copies of all related agreements

  • Letters of intent, contracts, and closing transcripts from any merger, acquisition, or divestiture

  • Options and stock purchase agreements involving interests in other companies

  • All non-disclosure or noncompetition agreements the company is a party to

  • Any agreements a change in control of the company affects in any manner

  • All management contracts

  • Any brokers or finders agreements applicable to the company

  • Contracts relating to other material business relationships, including, but not limited to, any current service, operation, or maintenance contracts and any current contracts for purchase of fixed assets

About This Article

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About the book author:

Bill Snow is an authority on mergers and acquisitions. He has held leadership roles in public companies, venture-backed dotcoms, and angel funded start-ups. His perspective on corporate development gives him insight into the needs of business owners aiming to create value by selling or acquiring companies.

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