Phase Three – Negotiating and Closing
Once an interested, bona-fide buyer has been identified, Robbinex assists with deal structuring and negotiation of the transaction. Our goal is to complete the transaction at the best possible after-tax price, while optimizing conditions.
We use a Memorandum of Understanding (MOU), which is essentially a term sheet, as both a negotiating technique and selling tool. An MOU establishes economic terms and conditions, and sets the process in motion. The terms of an MOU will form the basis of the eventual Agreement of Purchase and Sale.
Negotiation occurs over a broad range of topics and issues. Robbinex’s professional Intermediaries will represent your interest throughout the process, during which the fine details of the formal agreements are determined.
Due Diligence requires careful control and monitoring by an experienced team, skilled in directing the proper information to the buyers. Robbinex’s Virtual Data Room expedites the Due Diligence process, and much of this information is obtained and logged prior to going to market, once again to reduce the time required for completing the Due Diligence process. Preparing proper documentation from the beginning helps to ensure that no surprises or problems arise later on.
In addition to financial advisors, you will need to create a support team, including a transaction lawyer, an accountant, a tax planner and other specialists to be identified, qualified and brought up to speed. It is most important that they are brought in early, to allow them time to plan and to be part of the process.
Closing is the point at which many transactions fail. Robbinex’s extensive experience in this arena will monitor and facilitate a proper closing. This should be a happy formality with a gold pen signing. Historically, we have closed more than 80% of our assignments, whereas the industry standard is between 15 to 20%.