Posts by David Phillips
Managing Contracts and Liabilities
Several years ago I worked with a client who was buying a franchised business in the home improvement sector. The business was marketed as including franchise rights within a multi-state territory. After a great deal of time and effort by the parties to negotiate terms of agreement, source financing and evaluate financials, we discovered during…
Read MoreAddressing Key Employees
Many years ago I represented the owners of a business that was to be sold to a private equity firm. As should be expected with an experienced buyer, the terms of the transaction were carefully documented in a letter of intent, to be followed by the actual Asset Purchase Agreement and a multitude of various…
Read MoreFinancial Housecleaning
We all know the drudgery of cleaning something significant to get it ready to sell, whether a business, a house or even a car. You want whatever you are selling to look its best for possible buyers and, ironically, better than you ever cared to have it looking for yourself. In many ways, a business…
Read MorePreparing to Leave
There are a handful of questions that nearly every buyer asks when first looking at a business, and one of this is: “What does the owner do?” They want to know whether they can replace the owner, so clearly one of the most important ownership transition planning steps for a small business owner is…
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