[Sue]

Hi all,

I’m curious how you would handle unwillingness of the seller in sharing (almost any) information in the DD phase? What would be your steps and how would you approach the seller?

Thanks!

[Bob Milos]

The seller’s reluctance to transparently share all relevant information is definitely a red flag. Proceeding with the acquisition without full transparency poses significant risks. In my view, this is a take-it-or-leave-it situation: either we have open, complete communication, or we consider a more assertive approach, such as a hostile takeover. This would involve engaging key stakeholders or potentially aligning with members of the management who are genuinely interested in driving improvements.

[PedroOrtiz]

A very important topic for discussion! Lack of information and seller unwillingness to cooperate at the Due Diligence stage are indeed among the most difficult challenges in M&A transactions. Effective strategies, such as clear terms in the confidentiality agreement and active communication through intermediaries, can help mitigate these problems. It would be useful to hear the experiences of other participants, especially examples where creative approaches or legal tools helped to cope with such situations. In your opinion, are there universal methods for preventing such difficulties at the initial stage of negotiations?

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