RE: RK1 - You are making a fool of yourself again.....7 Feb 2022 18:29
If someone is acquiring the whole company the DD isn't just limited to assessing what's in the ground and the economics of extracting it. They will also need to do all the other stuff like tax, corporate subsidiary structure, checking all the licences, permissions, authorisations etc making sure nothing adverse is triggered by a change of control, all the employment law stuff around employees in Aus, UK and Ecuador, pension arrangements, office and other real estate leases etc etc.
Is a lot of this stuff mind numbingly tedious for all the juniors who have to trawl through everything and compile all the DD reports? Yes. Does anyone realistically expect that the deal will be abandoned by some minor employment law issue? No. But there are best practice processes that should be followed so it's extremely unlikely anyone is going to make a bid that isn't conditional on DD being satisfactorily undertaken imo.
It's not clear how much of this could be done in advance, depends if Solg is running a data room and giving access to anyone I guess.
There are examples of takeovers where DD was either not done or wasn't done properly, usually as a result of hubris and ego. RBS's consortium taking over ABN Amro is a well known one, which basically bankrupted RBS.