Buying/Selling Businesses

Several complexities exist relating to the purchase and sale of a business. Buyers and sellers must consider the structure, timing, and terms of a potential business sale. We assist in navigating through many of these considerations, including (1) drafting letters of Intent; (2) protecting confidentiality; (3) whether to structure the transaction as an asset sale or equity sale; (4) appropriate due diligence considerations; (5) ability to use and transfer intangibles such as customer lists and intellectual property; (6) allocation of purchase price and other tax considerations; (7) risk allocation between seller and buyer; (8) non-compete and non-solicitation agreements; (9) bill of sale relating to the assets being transferred; (10) trade name assignments; (11) assignment of leases; and (12) financing for the transaction.

At Engelman Berger, we have the skill and experience to guide you through the issues involved in the purchase sale of a business. Whether representing the seller or buyer of a business our attorneys understand the strategic considerations for each party to the transaction. In addition, we have assisted buyers and sellers in the purchase or sale of businesses in the context of a pending or likely bankruptcy or receivership proceeding.

We have represented multiple clients in the acquisition and sale of businesses within the following industries:

• Real Estate Development

• Lending

• Manufacturing

• Packaging

• Retail Grocery

• Medical and Dental Practices

• Medical Supply

• Skin Care

• Truck Stop Center

• Propane

• Waste Disposal

• Motor Vehicle Sales and Leasing

• Collision Centers and Vehicle Repair

• Pest Control

• Alarm Security

• Commercial Printing

• Restaurant

• Pizza Carry-Out and Delivery

• Food Storage

• Website Design

• Internet Games

• Water Supply

• Recreational Vehicle Campground and Associated Facilities

• Health and Fitness

• Engineering

• Construction

• Photography

• Landscaping and many others