Acquiring a Business in the U.S.: 10 Ways Attention to the “Legal Terms” Can Enhance the Economic Value of Your Deal

Pointers from the perspective of the Scandinavian, European or other Non-U.S. Buyer,
also applicable to U.S. Buyers

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Diverse M&A business group meeting

As tentative news of incipient financial recovery begins to unthaw stock markets and credit markets, there are reports of increasing interest in IPO’s in Europe and India and we see early signs of a re-awakening of interest in mergers & acquisitions activity in the U.S. This early prospecting for acquisition targets is fueled by the availability of bargains presented by a plethora of troubled companies left by the Great Recession which we are struggling to overcome.

Favorable exchange rates, relatively favorable macro-economic economic indicators just reported by the U.S. Government for the second quarter this year, and federal Stimulus monies (particularly for the renewable energy and medical IT sectors) available under President Obama’s American Recovery and Reinvestment Act of 2009, all combine to provide incentives for acquisition investments in the U.S. over the next several months and next year.

We currently are seeing increasing interest among our Scandinavian and European clients in investing in U.S. assets, acquiring or partnering with U.S. companies, or entering the U.S. market to raise money or start up operations to tap U.S. markets — particularly in the renewable energy and information and communications technology sectors.

Following are ten tips or pointers on how attention to “legal terms” can enhance the economic value to the Buyer of a deal acquiring a business in the U.S. Based on our more than 30 years of experience in this area, we believe that consideration of these points may be helpful to Scandinavian, European or other Non-U.S. – as well as to U.S. – companies contemplating the acquisition of a business in the U.S. in the near future. Read more »

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Constance R. Barnhart
Attorney At Law, Managing Member
Barnhart Law PLC

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30 years of law practice
at large law firms
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