Bloomberg reports private equity firms currently have more than $950 billion of capital waiting to be invested in the marketplace.
In this favorable market, how do sellers contemplating an exit from their business decide whether to pursue an M&A sell-side transaction or the formation of an Employee Stock Ownership Plan (ESOP)? They don’t. Instead, they run a dual track process which incorporates both processes. This provides the owners knowledge of both possible outcomes simultaneously. Now the owner can make the best choice based on actual offers and company specific options.
The cybersecurity industry is experiencing strategic M&A activity as major security breaches are on the rise. With renowned, trusted firms such as Equifax and Deloitte among the victims, many companies are increasing their investments in cybersecurity.
Successful transactions require important decisions about rebranding— if, when and how to transition an acquired brand. Unfortunately, these brand strategy considerations are often overlooked or only considered after the acquisition. This is partly because there is a lack of relevant historical data for analysis.
For the first time ever, the six most valuable companies in the world, by market cap, were all technology companies.
Private equity groups traditionally hold their investment companies for five years. However, several factors have increased the average holding period from 4.5 years to 5.8 years from 2006-2016. This trend is expected to continue in the medium term.
One of the key sections of any purchase agreement is the Reps and Warranties section. The term “Reps and Warranties” refers to all the assertions that the buyer and/or seller make in a purchase and sale agreement. Both sides take a leap of faith in the Reps and Warranties section, assuming that any claims or assertions made by the counterparty are accurate and true. Think of the Reps and Warranties section as a safety net for both sides. It ensures all that is being sold is being bought and all that is being bought is being sold.
2016 produced a record setting number of healthcare deals.
This trend is expected to continue as the healthcare industry shifts towards a pay for value over volume system serving patients, a hallmark of the ACA. With increased interest in wellness, healthcare organizations are adjusting their strategies to add new capabilities to stay competitive.
The measurement of goodwill and subsequent tests for impairment under purchase accounting rules is complicated and sometimes a source of controversy between companies and their auditors and advisors. Fortunately, the Financial Accounting Standards Board (FASB) has come to understand that the cost of the rigorous analysis required does not meet the cost/benefit constraint that lies at the heart of accounting rules. Earlier this year FASB issued revised guidance for goodwill impairment testing designed to make the entire process more straightforward and economical.
On their face Employee Stock Ownership Plans (ESOPs) appear to be a vehicle for employee ownership and not something that invites Private Equity Group (PEG) investment due to differing ownership structures. On the contrary, ESOPs and PEGs can co-exist in a mutually beneficial relationship. In many cases, PEGs view ESOP companies as having the exact characteristics they look for in target investments.