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I-banker here. I deal with similar situations on fairly regular basis. Couple of tips: - NDA is useless. Sign it but don't expect them to adhere to it. Even i
by enochroot 15y ago
I-banker here. I deal with similar situations on fairly regular basis.
Couple of tips:
- NDA is useless. Sign it but don't expect them to adhere to it. Even if they don't, it's extremely difficult to prove a breach (they likely won't be disclosing it to others anyway, just using it against you).
- Ask them how they plan to price your assets - is it based on your financials, your technology, your customers, etc. This may disqualify them right away: e.g. they tell you is that they only look for revenue growth while you think your technology is the most important part of the company.
- Have them give you a formal presentation on their company and where they see your firm fitting in. This really serves 3 purposes:
a) allows you to see how they are approaching the market and whether they've thought this through or if it's a fly-by. If this is a random "let's see if we can buy this cheap" situation, they'll likely be reluctant to spend quality time with you;
b) you will learn what their pain points are, which will give you leverage later, if the acquisition progresses;
c) probably most important, you will spend time together and will start to get a sense on whether you can trust them. Establishing a beginning of a professional relationship goes a long way for you (e.g. sometimes you just know if the other person is a charlatan or if they are a straight shooter) and for them (they start developing a level of trust and are not as suspicious you'll trick THEM)
- after the initial meeting, share your concerns and ask them for suggestions on what they would do if they were in your shoes
There's more, feel free to reach out to me directly if you'd like.
- brudgers 15y agoWhat I like about this advice is that it puts the ball squarely back in the potential buyer's court and may help to minimize the distraction entailed in making wild guesses about potential deal structures and outcomes. This is a case where the acquiring company has the burden of convincing a potential seller to sell. It is not a positive sign if the buyer is unwilling to pitch their deal all out.