We are under LOI for a partial buyout of a healthcare company, but due to license requirements will be doing this through a Managed Service Organization (MSO) structure.
The current SBA rules only allow for a seller to retain ownership in a stock transaction. Given the license requirements and the way the MSO structure works, our transaction needs to be an asset purchase. My understanding is this will require GP approval from the SBA which injects a lot of uncertainty into the deal.
Has anyone had recent experience with this? I would greatly appreciate any and all perspective - if approved, how long did it take? If denied, why? I am trying to gauge the risk of spending diligence and legal fees and ultimately have the application denied.
Thanks in advance,
Justin