On July 17, 2013, John J. McDonald presented an overview of the M&A sale transaction process – from engaging the investment bank through the closing of the deal. The speaker discussed some of the significant deal points typically negotiated by the parties in the term sheet and implemented in the definitive deal documents, including deal structure (merger, asset sale, stock sale), purchase consideration (cash, buyer stock, seller notes, earn outs), net working capital and other purchase price adjustments, escrows, reps and warranties, closing conditions, non-competes and other post-closing covenants, and post-closing indemnification.
The program was developed from an article that John McDonald wrote about the M&A sale process, which is available here. The program was videotaped by Lexis-Nexis and will become the basis of a podcast Continuing Legal Education (CLE) program.
The powerpoint for the program is available here.