Corporate restructuring through a merger or acquisition is a complex and stressful undertaking. However, the resulting business, if successful, could be worthwhile as mergers and acquisitions allow companies to grow and change with the aim of becoming more competitive in their industry.
The aim of a merger is to combine your company with another to create a more competitive one. Because of this, you need to ensure that a proposed merger is well-thought out and involves a company, product, or service that complements or improves upon your own. There are different types of mergers that can occur between companies that have competing, similar, complementary and differing products in the same or different markets. The acquisition of a company occurs when one company buys another by buying the target company’s assets with either cash, through the company’s stock, or both. Acquisitions can be either private or public, friendly or hostile.
Alongside the transaction, companies have to keep the after effects of a merger or acquisition in mind. For instance, there are a number of anticipated changes to consider including taxes, branding changes, new products, new market reach, changes in staff, cultural synergy, and financing and sales opportunities. Needless to say, the success of a merger or acquisition is crucial to all companies involved.
This is why it is is important to ensure that the process involves experienced lawyers, accountants and any other necessary professionals. The documentation and valuation process is time consuming. It starts with a letter of intent and is followed by all parties doing their due diligence and business valuation to determine the worth of the company being acquired. Then depending on the structure of the transaction, a “merger agreement”, “share purchase agreement” or “asset purchase agreement” is drawn up. This document can contain a long list of items related to a number of legal issues that involve conditions, representations and warranties, covenants, termination rights, shareholder provisions– all of which should be reviewed by a highly skilled mergers and acquisitions lawyer.
Are you considering either a merger or acquisition to better position your business in the marketplace? Start with a free consultation.
OMQ’s Mergers and Acquisitions team advises clients in the structuring, negotiation, drafting and completion of merger and acquisition transactions for both public and private corporations. Our Mergers and Acquisitions Team has a wide range of experience in representing acquiring companies, target companies and financial advisors. In addition, with our Team’s experience of managing acquiring companies, target companies and financial advisors means that our Team has experienced what our clients are going through. These diverse experiences enable our Team to provide expert legal advice that encompasses a strong understanding of the business needs and goals our clients.
Our Mergers and Acquisitions Services Include:
- Public and private acquisitions by way of takeover bid, amalgamation, plan of arrangement or business combination
- Takeover bids
- Going private transactions
- Related party transactions
- Stock exchange and regulatory compliance
- Cross-border merger and acquisition transactions (with a focus on Asian markets)