Implications of Earnouts when you sell your business – Tax Focus

First, a couple of thoughts on earnouts when you sell your business. While an earnouts is often seen as a mechanism to defer payment of the purchase price; if used correctly, it should in fact be consideration to the seller of a company over and above full cash paid at closing. Earnouts should not be considered part of the purchase price if/until they materialize and are paid to the seller, but why not set additional opportunities to increase the purchase price paid, over and above the full cash price paid? If “x” is the maximum that a buyer will pay for a company in cash at closing, it is still possible to negotiate “x” at closing, plus an additional 25-50% or more after closing. As with most things in life and business, it is not the tool that is at fault, it is the way that it can be misused and misunderstood.

How would high inflation affect Oklahoma businesses?

Well, this may seem a strange day to write about inflation – I just read this morning that fixed-rate mortgage rates have dropped this week to the lowest level this year, with a 15-year available at 3.75%. However, it doesn’t do much good to dwell on the past or present – we should always be considering other scenarios in the future to stay ahead of the competition.

Positive M&A trend gaining momentum for midsized private companies

April 25, 2011. The positive start for Oklahoma and Midwest mergers and acquisitions activity in 2011 is gaining strength and momentum. Higher prices, cash at closing, more deals getting done. Click "More" below to read this article.

Consolidation in Oklahoma Community and Regional Banks?

April 11, 2011. We are going to consider the reasons behind the likely reduction in number of banks in Oklahoma and some of the implications. Is there anything that can be done to preserve more small, regional banks or is this change inevitable?

Consolidation in Oklahoma’s Community and Regional Banks?

If Oklahoma follows the national trend, there is likely to be consolidation in Oklahoma’s regional and community banks. At the same time, we would expect some of Oklahoma’s banks to double or triple in size in the coming years. We’re going to consider the reasons behind this and some of the implications.

Building a bridge to the other side: Plan and process for strategic success.

How do you determine where to start in a new strategic business project? In simple terms, you need to be in clear and detailed agreement among all stakeholders on where you are and where you want to get to before you start planning how you want to get there. Clear communication between a Company’s senior management and their advisors is also critical. If we’re engaged on a M&A, restructuring or corporate finance project, there is a lot at stake and this blog highlights some of our planning considerations.

Winter storm hit your deal?

What happens when an unexpected winter storm hits your deal and what can be done to prevent this happening? If you can’t prevent it, how do you reduce the negative impact? In the same way as with this historic winter storm that hit our region, you may not be able to prevent it, but at least with the storm we had meteorologists predicting significant snowfall before it happened. We may have thought they were exaggerating the extent of the storm a few days out, but by the day before, most people had acknowledged that it was going to be severe and took the necessary precautions. Can you imagine the impact if we hadn’t had any forecast and preparation time in advance?

Reuters: M&A has busiest January in 11 years

January 28, 2011. Dealmaking is back on the agenda as CEOs step up the hunt for ways to put a multitrillion-dollar cash pile to work, triggering the busiest January for M&A in 11 years.

Oklahoma Economic incentives – What Value?

Whether each state offers incentives to attract businesses to relocate or remain in their state is largely a by-product of the incentives offered by competing states. If other states offer incentives, the logic is that Oklahoma has to in order to compete. And I’m not going to argue against that. Much has already been written on this topic, but today we are going to focus on a different angle: the accountability for those companies and investors that receive funds or assistance from our state. Perhaps there would be universal approval for state funded incentives by Oklahoma if the public could have greater confidence in the economic benefit to our state of the use of those funds. Here are some thoughts on ways to increase the effectiveness of the incentives and improve public perception and support.

The Positives of an Extended Recession

You may wonder how an extended recession can be positive for your business. What can be good about weak industry performance, more competition for less orders and a tougher environment to secure debt or equity investment? Well, every cloud has a silver lining. So here’s an alternative point of view.
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