Posts Tagged ‘letter of intent’
Doing Deals – 3 Tips for Entrepreneurs (Part 1)
by Scott Edward Walker on July 13th, 2011Introduction
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 one of a three-part series; it was originally posted on Forbes.
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Tags: competitive environment, corporate lawyer, definitive agreement, doing deals, entrepreneurs, letter of intent, LOI, private equity
Posted in Dealmaking Generally | No Comments »
Tips re Letters of Intent
by Scott Edward Walker on December 8th, 2010
Introduction
This post was originally part of my “Ask the Attorney” series which I am writing for VentureBeat (one of my favorite websites for entrepreneurs). Below is a longer, more comprehensive version. Please shoot me any questions you may have in the comments section (or via the “Ask Scott Any Question” link if you prefer confidential treatment). Many thanks, Scott
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Tags: attorney, letter of intent, letters of intent, LOI, M&A, negotiate in good faith, no shop
Posted in M&A Issues, Startup Issues | No Comments »
5 Biggest Mistakes Entrepreneurs Make in Selling Their Company
by Scott Edward Walker on October 6th, 2010Introduction

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, 2010Introduction
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 »
“Ask the Attorney” – Acquiring a Company (Part 1)
by Scott Edward Walker on April 28th, 2010Introduction
This post is part of my weekly “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.”
I have two goals here: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain English (as opposed to legalese). Please give me your feedback in the comments section. Many thanks, Scott
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Tags: acquiring a company, assets, distressed business, due diligence, equity, exclusivity agreement, fraudulent conveyance, investment bankers, letter of intent, LOI, no shop
Posted in Ask the Attorney, M&A Issues | No Comments »
“Ask the Attorney” – Investment Bankers
by Scott Edward Walker on March 3rd, 2010Introduction
This post is part of my weekly “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.”
I have two goals here: (i) to encourage entrepreneurs to ask law-related questions regardless of how basic they may be; and (ii) to provide helpful responses in plain English (as opposed to legalese). Please give me your feedback in the comments section. Many thanks, Scott
(more…)

Tags: Ask the Attorney, bidders, entrepreneurs, investment banker, letter of intent, material terms, private equity, term sheet
Posted in Ask the Attorney, M&A Issues | No Comments »
Buying A Business: Ten Tips For Entrepreneurs
by Scott Edward Walker on October 6th, 2009As 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 »