Posts Tagged ‘cap’
Doing Deals – 3 Tips for Entrepreneurs (Part 2)
by Scott Edward Walker on July 20th, 2011
Introduction
I’ve been doing deals as a corporate lawyer for 17+ years, and there are certain fundamental mistakes that I’ve seen entrepreneurs make over and over again. Accordingly, I thought it would be helpful to share three basic tips in connection with doing deals. This is part two of a three-part series; it was originally posted on Forbes. In part one, I discussed the importance of (i) being careful with letters of intent, (ii) creating a competitive environment and (iii) using your lawyer as a “bad cop.”
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Tags: cap, corporate lawyer, doing deals, entrepreneurs, liablility, liquidation preference, option pool, private equity
Posted in Dealmaking Generally | No Comments »
5 Biggest Mistakes Entrepreneurs Make in Selling Their Company
by Scott Edward Walker on October 6th, 2010
Introduction

Mergers and acquisitions (M&A) are definitely starting to come back to life. In fact, we’ve recently been retained on a couple of new sell-side, middle-market M&A transactions. Accordingly, I thought I’d briefly share with you the five biggest mistakes I’ve seen entrepreneurs make in connection with selling their company, based on my 16+ years of M&A experience.
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Tags: acquisitions, assets, cap, corporate lawyer, entrepreneurs, letter of intent, LOI, M&A, mergers, negotiations, selling your business, stock
Posted in M&A Issues | 4 Comments »
“Ask the Attorney” – Selling a Venture
by Scott Edward Walker on May 12th, 2010
Introduction
This post is part of my “Ask the Attorney” series which I am writing for VentureBeat (one of the most popular websites for entrepreneurs). As the VentureBeat Editor notes on the site: “Ask the Attorney is a new VentureBeat feature allowing start-up owners to get answers to their legal questions.” Below is a longer, more-comprehensive version of the VentureBeat post, which provides seven tips to entrepreneurs contemplating selling their venture.
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Tags: acquisition agreement, attorney, break-up fee, cap, cap on liability, corporate attorney, letter of intent, LOI, material terms, non-reliance provision, private equity, termination fee
Posted in Ask the Attorney, M&A Issues | No Comments »
Buying A Business: Ten Tips For Entrepreneurs
by Scott Edward Walker on October 6th, 2009
As I have previously noted, I was a corporate attorney for nearly eight years at two major law firms in New York City; and the majority of my work there was spent negotiating and documenting large mergers and acquisitions for multinational corporations, financial institutions and private equity firms. When I moved out here to California in 2005 and started focusing on representing entrepreneurs (which meant predominately middle-market M&A transactions), I was surprised to see how unsophisticated a lot of the players are here; in short, it’s a different environment than New York. Nevertheless, I love living in California, and I am trying to provide to entrepreneurs (via these blog posts) some legal tips and lessons I learned at the big firms in New York City. Below are ten tips for entrepreneurs who are contemplating acquiring a private company. (more…)
Tags: acquisition agreement, basket, cap, ceiling, corporate attorney, due diligence, earn-out, entrepreneurs, escrow, Hart Scott, letter of intent, LOI, M&A, MAC, material adverse change, no shop, successor liability
Posted in Dealmaking Generally, M&A Issues | No Comments »