Titlebook: Due Diligence and the Business Transaction; Getting a Deal Done Jeffrey W. Berkman Book 2013 Jeffrey W. Berkman 2013

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Tailoring Due Diligence to the Transaction,al business partner moves forward with the business transaction. . explained that the party conducting the review—for example, a purchaser, investor, joint venture participant, licensee, or professional advisor (lawyer, accountant, technology consultant)—seeks to verify facts and projections about t

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A Material Legal Issue Can Kill the Deal,road map for the investigation, and formulation of the due diligence questionnaire, which should include standard questions common to almost all business transactions, and deal-type and deal-specific questions that depend on the nature and terms of the proposed business deal. Although the target com

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Has Due Diligence Created an Opportunity to Improve the Deal Terms?,mpany seeking financing (hereafter, “the seller”). . discussed examples of how the discovery of certain types of legal issues results in termination of a proposed deal because they undermine the business story. Some deals fail because they are legally impossible to complete or simply too risky, cost

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Resolving the Issues,to address any issues that have been uncovered as a result of the investigation. Assuming the issues do not lead to a termination of the deal, the parties can then try to negotiate solutions to the problems that have been discovered. As discussed in this chapter, possible solutions include preclosin