Caps and Baskets: How Buyers and Sellers Negotiate Risk in a Business Sale
A beautifully drafted set of seller promises is worth very little if the cap is too low to recover under or the basket is structured so you can never reach it. This article explains how caps and baskets control post-closing liability in a business sale, and how buyers and sellers negotiate each one.
Navigating the Letter of Intent: Binding Terms and Earnest Money Strategies for Business Buyers
Many business buyers assume a Letter of Intent is just a non-binding handshake on the purchase price. However, failing to lock in specific legal protections—or blindly agreeing to standard broker terms for earnest money deposits—can expose you to immense financial risk. This article breaks down exactly which LOI provisions must be legally binding and how to safely structure your deposit to protect your leverage and capital during due diligence.
INVEST Act Clears House, Pending Senate Approval
More than a decade after the JOBS Act, Congress is moving to cut the remaining red tape that holds back early-stage investment. The INVEST Act proposes significant updates, including a $50M fund benchmark and expanded investor access, to fuel the next generation of startups.
Net Working Capital: How to Avoid Overpaying When Buying a Small Business
When you buy a business, you must also secure its operating capital. This article explains how to set a Net Working Capital Target to avoid overpaying or suffering a post-closing cash crisis.
The Benefits of Seller Financing for Business Buyers
Most business buyers see seller financing simply as a way to bridge a capital gap. But its most powerful function is strategic: a seller note ensures the seller has "skin in the game" after closing, turning them into a partner invested in your success. Learn how this alignment can lead to a smoother transition and set you up for long-term growth.