10 Key Issues With M&A Deals

Hey, it’s David

At Boardspire, we're diving deep into the latest trends and strategies to help you stay ahead in business growth and acquisitions.

In this newsletter, content from the world of private equity, M&A and business growth all hand-picked to keep you informed.

• M&A Outlook

• B2B Growth Strategies

• The Importance of Disclosure Schedules

• And more…

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My Favorite Finds This Week

Investment Banks, Accounting, Legal & M&A Advisors

• 2024 M&A Outlook: Deal Terms: A look into how deal terms are evolving in 2024, including increased earnouts and the rise of cash deals due to higher capital costs. (JD Supra).

• Top M&A Deals from Sept 16-22, 2024: Highlights of major deals, such as Rogers Communications’ acquisition of Maple Leaf Sports & Entertainment ​(IMAA Institute)

• Legal Challenges in Cross-Border Deals: Focused on how global regulatory complexities impact cross-border M&A in the post-pandemic environment​(McKinsey & Company).

• Valuation Trends for 2024: Discusses valuation shifts in middle-market deals due to rising interest rates ​(JD Supra).

• Post-Merger Integration Challenges: How accounting practices are adapting to new M&A structures ​(IMAA Institute).

Private Equity & Financing

• Private Equity in Tech M&A: Explores the dominance of private equity in tech sector M&A (Foley & Lardner LLP)

• Permira’s Acquisition of Squarespace: How Permira is taking the platform private to foster innovation​(M&A Deal Management).

• Interest Rate Impact on M&A Financing: How lower rates in 2024 will affect LBOs and private equity financing (Baird).

Business Growth

• B2B 2025 Planning - Here’s How to Build a Powerful B2B Marketing Function in 2025 (Without Overcomplicating It) (Solve to Scale)

• LinkedIn Guidance - The ultimate LinkedIn Cheat Sheet to master the platform for business growth. (Richard van der Blom)

• B2B SaaS Growth Strategies: How to Scale Using Data-Driven Content (Adarsh Shankar)

• The Art of Valuable Content: Creating B2B Content That Matters (Samuel Thimothy)

• Automation - Driving Efficiency and Revenue Growth in B2B Marketing (B2BinDemand)

Can Someone Give Me the Flight Schedule?

A while ago we discussed the importance of the reps & warranties section of the Purchase & Sale Agreement, or “P&S.”

Today, I want to touch on another section of the P&S that I find most business owners do not realize how important it is when selling their business - 𝗗𝗶𝘀𝗰𝗹𝗼𝘀𝘂𝗿𝗲 𝗦𝗰𝗵𝗲𝗱𝘂𝗹𝗲𝘀.

Disclosure schedules are crucial for a seller in a P&S as they provide full transparency and disclosure of any known issues or defects with the property being sold.

This information helps the buyer make an informed decision about their purchase and protects the seller from potential liability for any undisclosed issues.

A well-prepared and comprehensive disclosure schedule can also help expedite the closing process and reduce the likelihood of disputes.

Failure to disclose relevant information can result in legal action and financial consequences for the seller, so it is important to take the preparation of disclosure schedules seriously.

𝗧𝗵𝗲 𝗯𝗮𝘀𝗶𝗰 𝗽𝗿𝗶𝗻𝗰𝗶𝗽𝗮𝗹 𝗜 𝘁𝗲𝗹𝗹 𝗦𝗲𝗹𝗹𝗲𝗿’𝘀 𝗶𝘀, “𝘄𝗵𝗲𝗻 𝗶𝗻 𝗱𝗼𝘂𝗯𝘁, 𝗱𝗶𝘀𝗰𝗹𝗼𝘀𝗲 𝗶𝘁.”

The buyer will not have a basis for legal action if the issue being brought up by the buyer has been disclosed in the disclosure schedules.

Here are a few key issues for a seller in disclosure schedules for a purchase and sale agreement:

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David