Reply To: "Speedy" DD

#37246

I may be misreading this, but you’re representing the buyers, aren’t you? And if there’s an offer on the table from the seller, then a pushy buyer is the ideal scenario. That being said, you’re representing board members trying to take control of their own company. This means that there is most definitely a time element that needs to be addressed, and it would seem like closing may be more important than any DD issues that may arise in the future. Lets keep in mind that the purpose of DD is to find as much info on a the company as possible, and who would know more about the company than the members of the Board? Your group knows what they’re buying into. Their biggest concern is not missing out on the opportunity to close on this deal. I’d focus my DD on why they need to buy so quickly and make sure that those circumstances are truly present and not a sales tactic. I’d also focus on who else is interested in buying and what the consequences of that acquisition would be. Since you’re representing your investor and not the Board, you may want to make sure that your investors are getting the best return on their investment and are not partnering up with Board members more interested in keeping their jobs than in a profitable company.

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