Transaction Structure

Transaction Structuring includes the following:

  1. What will be sold?  This refers to all real estate, other tangible assets, and intangible assets.
  2. Will the sale be an asset sale or a sale of company stock?
  3. Will the owner provide any seller financing?
  4. Will there be any borrowing as part of the transaction?
  5. How many owners of the business are there and how will any proceeds be distributed?
  6. Is there a promise of future payments by the buyer and how will that be structured?
  7. Will there be a note from the buyer for some or all of the purchase price?
  8. Are there any employment agreements involved, either from the seller or generated as part of the sale transaction?
  9. Will all employees of the seller be hired by the buyer? Under what conditions?
  10. Are there any default clauses that would change the ownership, purchase price, or payout schedule?
  11. Are there confidentiality, non-compete, or no-hire agreements as part of the transaction?