While termination and change-in-control penalties can play a significant role in an M&A transaction, third-party contracts can impact a deal beyond just the financial impact associated with early termination. [Continue]
The number of FDIC-insured institutions in the United States was 5,670 as of March 31, 2018, down from 8,534 on Dec. 31, 2007. Over the past five years, 1,292 institutions have been absorbed by mergers, while the number of failed banks has declined significantly. The trend will continue through 2018 and 2019 based on multiple factors. [Continue]
In the final installment of our M&A series, we cast an eye on employment agreements. In any transaction the treatment of people who work at the selling organization is as important as any other facet of the deal. [Continue]
Continuing the special contract provisions discussion, how should you treat third party vendor agreements, and the allocation of payments for any fees that may arise out of the disposition of those? [Continue]
Special covenants are always at the heart of the deal, but certain operating covenants set an expectation between buyer and seller on the operation of the organization from the date of the agreement through closing. [Continue]
There can be a push-pull between a buyer’s desire for the seller to stand behind the operations of the bank being sold, and the seller requiring a buyer to perform due diligence and take ownership of the acquired bank. [Continue]
A non-competition provision will help a buyer protect its investment, particularly when a seller is only selling a portion of their operations and will continue operating following the closing. [Continue]
Day five of our M&A series: Continuing the allocation of risk theme, each party inserts protections into a definitive agreement to protect them against losses from a deal gone bad. [Continue]
This month, BankBeat takes a magnifying glass to M&A activity. Part 4: Putting price and financial condition in the rear-view, what happens if a deal goes sour? [Continue]
This month, BankBeat takes a magnifying glass to M&A activity. Part 3: With purchase price and terms of the deal hammered out, the parties will then turn towards the nuts and bolts of the transaction. [Continue]