You might be a banker or principal with an investment company looking for new opportunities. Perhaps you are a buyer's agent, the point person for a business seeking new management/owners or other corporate actor.
At the Manhattan law firm of Rich Michaelson Magaliff Moser, LLP, our deep and diverse legal team of seasoned commercial attorneys is intimately familiar with and routinely advises business participants across a broad spectrum that have interest in acquiring new assets.
As we note on our firm's website, "We frequently represent lenders, agents, syndicates and private investors in connection with the purchase of assets."
On the one hand, that might sound like a fairly straightforward process. Indeed, it sometimes can be.
On the other hand, though, and far more typically, an asset purchase matter -- especially one of large-scale magnitude -- is highly nuanced, complex and instantly differentiated in material ways from any other transaction.
For starters, business principals might be primarily or solely interested in buying the assets of another company. Conversely, they might be contemplating a stock purchase. Some transactions even involve a combination of the two.
Additionally, a recapitalization might be envisioned, or a merger between two entities.
Understandably, a deep focus on financial matters, legal requirements, regulatory compliance, tax-related issues and a host of other concerns will be required in any corporate purchase transaction.
That reality renders it imperative for business principals to secure the timely and on-point assistance of proven business attorneys in identifying opportunities, conducting vitally important due diligence and overseeing and advising on compliance, contractual, structural and related issues. Additionally, experienced commercial lawyers can play a central role in negotiating and, when necessary, litigating material disputes.
An asset-purchase transaction spells both opportunity and challenge for any business entity. A proven legal team can enhance the prospects for success.