RE: Gmf13 Nov 2021 10:57
I have posted this stuff recently to try and help people understand a bit better -
"Laws: Understand the relevant corporate and antitrust laws, as well as securities regulations, when moving through your M&A deal. Additionally, be aware of any exclusivity agreements as you move through the process."
"Phase Two: Hold Bidding Rounds
Make contact with buyers. This can happen one of two ways: the buyer contacts you, or you contact them. Be strategic about who you select — of course, you want to make contact with more than one potential buyer, but don’t overwhelm yourself with options or waste time on unlikely candidates.
Receive starting bids. Once you’ve made initial contact and the potential buyers have reviewed your materials, you’ll start receiving bids. Don’t settle for the first offer, and be shrewd about what deeper information you provide bidders at this point.
Meet with interested bidders. Conduct management meetings with interested bidders to learn more about these companies’ intents, needs, and proposed offerings.
Receive the LOI: Those still interested will send you a letter of intent, in which they explicitly express interest in pursuing a merger or acquisition and provide a summary of the proposed deal. You may receive multiple LOIs from multiple bidders.
Phase Three: Negotiate
Negotiate with all buyers who submit bids. Once you’ve received bids from all interested companies, negotiate. Refer to the strategic intent you laid out at the beginning of the process, and invoke external expertise. Also, by this time, be sure you have all the financial information that’s available, should you move forward with a deal.
Draft the definitive agreement. Buyers and sellers work together to draft a final deal.
Enter into an exclusivity agreement. You are now locked into an exclusive deal with the buyer — you can’t pursue further negotiations or solicit interest from other potential buyers.
Help facilitate the buyer’s due diligence. It can take more than two months for the buyer to complete their due diligence evaluations, but you, as the seller, can help expedite the process. Prepare all documentation ahead of time, and stay in close contact throughout the process, so you can swiftly handle issues as they arise.
Get final board approval. When the buyer has completed due diligence and plans to move forward, solicit final board approval.
Sign the definitive agreement. Once you sign the final agreement, the deal is closed — you have either merged with or been acquired by another company, and integration begins."
Do please see 'Draft the definitive agreement' step of the process to understand the locked in aspect.
https://www.smartsheet.com/content/merger-and-acquisition-process
GLA