The term “Mergers and Acquisitions” (or M&A) refers generally to the buying, selling, and combining of businesses. Business combinations are usually divided into two categories, “friendly” or “hostile.” Friendly deals are those that are negotiated by the managers of the two companies. Hostile acquisitions go through even though the management of one of the companies resists.
Whether the business combination is friendly or hostile, there are a number of ways to structure a deal. A “merger,” for example, is a statutory process whereby one company entirely subsumes another, and the entity that emerges from the process is one of the two original companies. A consolidation, on the other hand, occurs when two companies combine to form an entirely new entity. Yet another way to structure a deal is through a “purchase of assets.” Unlike a merger or consolidation, where the total assets and liabilities of one company are assumed the other, a purchase of assets is a transaction where the parties have discretion over which assets and liabilities will be transferred.
Mergers and Acquisitions and other structured deals, whether friendly or hostile, can be a complex process. The sophisticated Mergers and Acquisitions attorneys at Giordano & Heckele, PLLC can help you negotiate, structure, and carry out the deal that meets your business needs. CALL TODAY for a consultation: (520) 352-0008, or email us at [email protected]