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McBrayer Blogs

Showing 2 posts tagged contract terms.

"The Only Thing that is Constant is Change" - The Need for a Buy-Sell Agreement

You started a business with your lifelong friend, family member or business acquaintance and everything is going great. The business is doing well and the owners see eye-to-eye on every major decision. But things will not run smoothly forever. Every business faces difficulties now and then. Some risks are foreseeable and the owners will put appropriate plans in place to deal with them. Other problems are more difficult to see, especially in the early stages of the company when the future looks bright and the owners are eager to work toward a common goal. What happens to the ownership interests of an owner upon his death? What rights do the company and the other owners have when an owner decides to sell her ownership interest to somebody none of the other owner know? What if the owners are equally split on a material decision and the disagreement cannot be resolved? Situations like these are inevitable and are the reason it is imperative that every business have a buy-sell agreement. More >

Equity Contribution Requirements Dropping in Large-Market Buyouts

According to Reuters Loan Pricing Corporation, which provides market information and analysis for the credit industry, the balance of power in large-market buyout negotiations has shifted. As economic conditions in the U.S. improve, we appear to have entered a stronger credit cycle, according to the RLPC. Add to that a shortage of availability in mergers and acquisitions, and sponsors of leveraged buyouts are pushing for more advantageous terms. More >

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