An acquisition deal is a business transaction between two entities in which one entity purchases all or most of the assets and liabilities of another. The process of executing an acquisition is complex and can involve various stakeholders such as lawyers, accountants, investors, and the buying and selling parties. It is essential to structure the deal correctly in order to make sure that all legal aspects are covered and to ensure the transaction runs smoothly.
The first step in the acquisition process is conducting due diligence on the company. This involves reviewing all areas of the business including financials, legal issues, and operational performance. This step is critical as it helps the buyer identify potential risks and understand the value of the acquired company.
Once the due diligence is complete, the acquiring company will negotiate the terms of the acquisition agreement. Financing is an important part of the transaction and companies typically use loans, bonds, or a combination of both to finance the acquisition. Financing requires careful consideration because it can impact the company’s liquidity and balance sheet.
During the acquisition process, the interested parties usually sign a letter of intent (also known as a memorandum of understanding or a term sheet) which outlines the proposed key terms of agreement between the parties. This is a non-binding document that acts as the starting point for negotiating the definitive acquisition agreement of the transaction.