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Structuring the Business Sale
April 13, 2006
Hopefully, you've been thinking a lot about your priorities, about what you really want to achieve by selling your business. At this point we'll go into some ...

What, Exactly, Is for Sale?
April 13, 2006
Although it may seem obvious, you should give some thought to exactly which of your assets will be sold with the company. You may have already removed unproductive or nonessential assets from the ...

Key Contracts
April 13, 2006
One issue you should examine closely, when you sell your business, is the transferability of your key contracts.

Will You Sell Assets or Stock?
April 13, 2006
If your business is incorporated, you have a very important decision to make: will you sell the assets of the business, or the stock? (Unincorporated businesses don't have this option, or this ...

Payment Terms
April 13, 2006
Aside from terms relating to what you are selling with the business, terms relating to payment are the most important, and need to be generally agreed upon before the

Payment Terms: Down Payment
April 13, 2006
Of course, the best kind of deal is where you receive the entire purchase price for your business, in cash, at the time of the closing. With this kind of deal, you could walk away from the business, ...

Payment Terms: Seller Financing
April 13, 2006
One important question that a buyer is likely to have is, are you willing to finance at least part of the deal? This is a very fair question — some advisors estimate that

Payment Terms: Earnouts
April 13, 2006
Where there is disagreement about how much the company is worth, it's fairly common to include an "earnout" as one of the terms of the deal.

Payment Terms: Escrows
April 13, 2006
If it seems likely that there are significant unknown liabilities associated with your business, the buyer may be willing to assume them if some part of the purchase price is placed in escrow (that ...

Payment Terms: Stock as Payment
April 13, 2006
If one corporation sells out to another, it's often possible to structure the deal as a tax-free reorganization. This means that essentially no capital gains ...

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