"Have Your Cake and Eat It"

Great Outcomes Principal, Peter Chopra, discusses a new product for businesses wanting the benefits of a merger without the traditional loss of ownership and control

12 October 2009

Wouldn't it be nice to have your cake and eat it? Sounds improbable, doesn't it? In the current economic and credit environment, many M&A propositions are floundering due to low multiples and a lack of cash. And yet there remain fundamentally sound reasons why businesses would want to join together, including:

However, business owners are naturally concerned about linking themselves to other businesses when cash is not immediately forthcoming. The reasons are for this are understandable – mixing your income and capital value with another party, loss of control, arguments over relative values and growth prospects are all key issues, especially if you have only one chance to realise the exit value of your business. So, we have put our thinking caps on and designed a new approach, based on pre-existing legal precedents, to allow business owners to enter into merger arrangements but with a difference:

The key to it all is that it must still be possible to maintain separate financial records for each business in the merged entity. It doesn't matter if you have shared resources (e.g. back office); arrangements can be made to deal with that. Owners will need to cede a degree of control on the exit timing and negotiation (which we normally recommend to be entrusted to an independent party). In fact, the "merging" of exit control is the only real downside. Sound interesting? We think so which is why we called this product the "Have Your Cake and Eat It" merger!



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