Debts carried by a business for sale are a concern for both the seller and the buyer. Unless the liabilities of the business exceed that value of the business, these debts are less of a concern for a seller.
These debts are expected to be paid off in the acquisition process so that the business is clear of these liabilities in the hands of the new owner. However, the buyer will want to ensure they cover themselves legally in the buying process and will want to handle the payment of debts directly (or via their attorney).
Let's dive into some tips about dealing with debts in your next M&A deal.
Be sure to comment with any thoughts or questions you have about business law, strategy, mergers and acquisitions or anything else on your mind.
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Have questions? Book a call, and talk to Brett today:
https://clarity.fm/brettcenkus'>https://clarity.fm/brettcenkus
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You can reach Brett through:
https://clarity.fm/brettcenkus'>https://clarity.fm/brettcenkus
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https://www.cenkuslaw.com
https://braatenwoods.com
https://mergerresources.com
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Brett A. Cenkus has 20+ years of experience in business law, finance, and entrepreneurship. Through Cenkus Law, PC, he provides advice and services for mergers & acquisitions (M&A), securities offerings, founders’ agreements, and other general business law issues.
Through Braaten Woods, LLC, Brett helps business owners in the lower middle market ($2MM $25MM) position themselves for sale, find buyers, negotiate, and close M&A deals.
Brett also maintains mergerresources.com, a site packed with free articles, videos, checklists, deal diagrams, template contracts, and other tools to help pass M&A knowledge to others.
Brett regularly consults with entrepreneurs and invests his own capital as an angel investor.
From 20102013, Brett served as Chief Legal Counsel of a publiclytraded international oilfield services company. From 2001 to 2006, he and a partner founded and built Paragon Residential Mortgage. Bridge Investments acquired Paragon in 2006.
Brett holds a Juris Doctorate from Harvard Law School and a Bachelor of Arts degree in Economics from Messiah College in Grantham, Pennsylvania.
Brett lives in Austin with his wife, Cathryn, and two children. He enjoys reading, squash, classic movies, great food and wine, and the New England Patriots.
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