Shareholder Agreements Archives - Page 2 of 2

The Portfolio Legal Work Nobody Plans For – and How Smart Funds Make It Repeatable

Banking & Finance Law, Corporate & Commercial Law, Mergers & Acquisitions, Shareholder Agreements / loucile@caveat

Investors who do regular deals know something that first-time buyers learn the hard way: the legal work doesn’t stop at signing – it often starts there. But the legal complexity in a well-run fund operates at two levels that require different thinking. There’s the fund level – formation, LP relationships, carry structures, regulatory compliance, and […]

The Portfolio Legal Work Nobody Plans For – and How Smart Funds Make It Repeatable Read More »

The Deal Gets Discounted When Buyers Can’t See the Business Clearly

Corporate & Commercial Law, Employment Law, IP Law, Mergers & Acquisitions, Shareholder Agreements / loucile@caveat

Founders often assume the exit process is about one thing: valuation. But buyers rarely discount because they dislike the product or the market. They discount when they can’t see the business clearly enough to trust what they’re buying – and when they find surprises mid-diligence, they don’t just adjust the price. They slow down, add

The Deal Gets Discounted When Buyers Can’t See the Business Clearly Read More »

Selling Shareholders Beware: How the NCA affects Vendor Financed Transactions

Banking & Finance Law, Commercial Law, Mergers & Acquisitions / caveat

The National Credit Act 34 of 2005 (“NCA”) requires that, if you are selling your shares or assets in a company to a purchaser, and you have structured the sale such that: The full purchase price, or a portion thereof, will be paid at a later stage either in installments or one bullet payment; and

Selling Shareholders Beware: How the NCA affects Vendor Financed Transactions Read More »

Shareholders’ Agreements: How to Ensure a Smooth Exit

Commercial Law / caveat

At the start of their relationship, shareholders are usually aligned on their vision for the company and are excited to see what the future holds for the business. However, circumstances can change very quickly and in the event that shareholders cannot work together to move the company forward, the remedies contained in a shareholders’ agreement

Shareholders’ Agreements: How to Ensure a Smooth Exit Read More »