by Billow Butler & Company, L.L.C,
Phase III - Letter of Intent to Closing
Evaluation, Selection and Signing of Letter of Intent
Generally, we find that each offer (or Letter of Intent) is unique
with respect to pricing, structure, terms and conditions. BBC will counsel
you on the advantages and disadvantages of each and attempt to provide
a comparison on an "apples to apples" basis. Once you have selected a particular
party with whom to proceed, we will negotiate on your behalf and work with
your legal counsel and accountants to clarify issues and maximize financial
and other benefits.
Due Diligence Facilitation
With world-class professional backgrounds in law, finance and accounting,
the principals of BBC are uniquely qualified to facilitate a smooth due
diligence process, coordinate contract construction and negotiate optimal
terms on your behalf. We work with your other professional advisors to
minimize the intrusion on you and your day-to-day business requirements.
In some cases, depending on the nature of the buyer and its funding sources,
we may be active in facilitating due diligence being undertaken by the
buyer’s lender, as well.
Negotiation and Legal Documentation
Whether an asset or stock sale, BBC is well versed in legal documentation
and the myriad ways in which to optimize the position of our clients. Ultimately,
you must rely on your attorney’s advise, but BBC acts as "quarterback"
to balance the business and legal issues and to negotiate a "win-win" scenario
for all involved.
Closing
Once you are satisfied with the purchase agreement documentation and
the buyer has satisfied its due diligence and other requirements, we will
orchestrate the closing. Upon the signing and closing of a definitive purchase
agreement by all parties our project will be successfully completed, as
you will have met your sale objectives.
Timing
We understand the hazards that can befall a deal because of the passage
of time. These may arise from economic changes or developments within a
client’s business or the markets as a whole. Accordingly, we endeavor to
offer our clients fast service without compromise in quality or results.
Once we have familiarized ourselves with the client and its business, we
are generally able to anticipate the length of time that a sale project
would take. However, there is no guarantee in deal timing. We are often
fortunate to close deals in a shorter period of time when the sophistication
level of the buyer and seller expedites information transfer and due diligence.
On the other hand, if there are delays in receiving required information,
delays in arranging meetings between principals, the involvement of a foreign
buyer, or a bank financing to purchase the company, the time to close may
be extended.
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