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

Posted by Matthew Bristow in Mergers & Acquisitions
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.

Dividend Recapitalizations: Cash Alternatives for Private Equity

For those Private Equity Groups (PEGs) that own a strong portfolio company with high earnings and relatively low debt, they are increasingly turning towards dividend recapitalizations rather than selling ownership in their portfolio company in the short-term.

Protect Confidentiality Before the M&A Process Begins

In a merger, acquisition or sale process, there are likely to be considerable volumes of confidential information that need to be exchanged between the buyer and seller. This is reasonable, normal and essential to a successful M&A process. Make sure, however, that anyone who is given access to any confidential information is bound by the terms of a comprehensive confidentiality agreement before they receive any information. In a professional sale process of a privately-held company, this should be before you even share the name of the company that is for sale.

Oklahoma Bankruptcies – Silver Lining, but it may keep raining

From the storm clouds of rising bankruptcies, Oklahoma recently had a silver lining. Last week, we read about the positive news that bankruptcy filings in our state fell below the national average. In 2009, there were 3.85 nonbusiness bankruptcy filings in Oklahoma per 1,000 people, compared to 4.73 for the US as a whole, according to US Justice Department figures. And this really is good news. Oklahoma has performed better through this recession than most other states and we have confidence that our state can also perform better coming out of this recession.

Commercial Real Estate to Destabilize Regional Banks

Midsized regional US banks are being hurt the most by commercial real estate woes and it’s only likely to get worse. According to a study released last week by the International Monetary Fund (IMF), Commercial Real Estate (CRE) exposure represents 50% of the outstanding loans at midsized and smaller regional banks. And at seven banks shut down by the FDIC in the last couple of weeks, CRE represented 80% of the nonperforming loans. That’s a very bleak picture given what we’re about to discuss. While at a national level, CRE exposure makes up only 10% of total bank loans, the impact on regional banks has a major impact on small and midsized businesses that depend on them for capital.

Cash at Corporations. Save or Spend?

Companies are currently sitting on more cash than at any other time in the last 50 years. Cash and other short-term assets now account for 7% of all assets at non-financial US companies. If you exclude finance firms, US companies held $1.8 trillion in cash and short-term assets at the end of the first quarter, which is 26% higher than the same time last year and represents the biggest increase since the Federal Reserve started tracking cash levels in the 1950s. According to a recent CFO magazine survey and article, companies within the CFO Midcap 1500 (companies with $100 million to $1 billion in annual sales) are holding 15% more cash in 2010 than the same period two years ago.

Non-Compete Agreements: 15 Year or Accelerated Amortization?

Before, during and after any business acquisition, there are many variables to consider, one of which is the tax implication of the sale from both the buyer’s and seller’s perspective. In this case, we are talking about the treatment of intangible assets.
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