Purchase Price, Contract Terms, Due Diligence

Seller Considerations When Negotiating a Letter of Intent

Mintz on 4/2/2025

Negotiating and signing a Letter of Intent (LOI) is a key inflection point in the process of selling your business. Buyers and sellers both want the LOI to ensure a base level of understanding on certain key terms such as...more

Use of EBITDA in Earnouts Increased 22% in Two Years

Goodwin on 8/8/2023

From 2020 to 2022, EBITDA became almost as prevalent as revenue metrics for determining earnout payments, according to analysis of the Goodwin Private Equity Deals Database. In 2022, EBITDA was used in 40% of earnouts, up 22%...more

Letters of Intent – Negotiating the Framework of Your Transaction

Rivkin Radler LLP on 7/27/2023

In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways...more

Notable Differences Between US and UK M&A Deal Terms

Goodwin on 3/30/2023

Despite a recent slowdown in global M&A activity, the private M&A market in both the US and the UK remains intensely competitive due to an abundance of available capital. As a consequence, and in order to present potential...more

Overlooked Provisions when Negotiating Purchase and Sale Contracts

Weintraub Tobin on 6/9/2022

In protracted contract negotiations, many clients become dismayed when a deal they thought had been agreed in a letter of intent is suddenly the subject of contentious exchanges between the parties and their counsel. The...more

How Will COVID-19 Impact M&A?

Robinson & Cole LLP on 4/19/2020

It is readily apparent that the COVID-19 pandemic has had an impact on transactional activity—at least in the short term—for both buyers and sellers across a range of industries. Whether parties are still moving forward with...more