How can we educate a non-M&A lawyer and an unsophisticated seller on the typical mechanics and valuations of a deal? Does anyone have any good third-party source to help show what is typical in a transaction? Must be very digestible for non-professionals.
Context:
I am helping negotiate an LOI on the buy-side, the lawyer is not M&A focused and does not seem to understand how a typical M&A transaction works. The broker understands typical mechanics and is trying to educate the parties but so far has been unsuccessful.
Firstly, the lawyer is proposing very atypical terms. They want a non-cash free debt-free transaction, no escrow, a significant earnest-money deposit upon signing LOI, etc.
Secondly, we offered a generous 5x multiple on earnings at $10m despite massive seller concentration, but the lawyer is trying to get an unreasonably high number citing the following poor valuation methodologies:
-Replacement value to create the same new manufacturing line of $12m (real equipment FV is about $5-7m)
-IRR of getting $2.4m annually being paid back in est. 4 year period (really not EBITDA, plus you have $350k CAPEX per year)
We really want to get this deal done given the appeal of the business for our strategy but a path forward is difficult, any recommendations would be helpful
Educating Unsophisticated Seller on Deal Mechanics

by a professional from Tulane University - A. B. Freeman School of Business
More on Searchfunder
Searchfunder is an online community and toolkit for searchfunds. Over 80% of those involved in searchfunds maintain a Searchfunder.com account to help them network, problem solve challenges, and keep up with the industry.
We maintain partnerships with database providers that make searching more effective, efficient and affordable along with features that help searchers find deals and investors and vice versa.
We maintain partnerships with database providers that make searching more effective, efficient and affordable along with features that help searchers find deals and investors and vice versa.
102 views
10 comments
Sign in to see all replies.
Create an account.