There are three principal methods of acquiring a business, (1) direct or indirect merger with the target company, (2) buying the target company’s stock, or (3) buying the target company’s assets.
The best method to use in any particular transaction depends on a variety of factors, including commercial considerations, legal and tax considerations, third party and corporate consents and deal process and timing. Although private mergers are used, most acquisitions of private companies are structured as stock acquisitions. YLG can help identify the best structure for your proposed transaction (forward merger, forward triangular merger, or a reverse triangular merger), and streamline the process and documentation from start to finish. We are also extensively experienced negotiating asset purchases from bankruptcy sales, including stalking horse agreements. For more information, please contact our M&A experts today.
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