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XPX Global has just released its Annual Report for 2015. It includes an overview of where we are today and our goals for the future. 2015 accomplishments include: Wild Apricot conversion New website Launch of XPX Maryland Updated contracts Manual HInge study Goals for 2016 include: New chapter growth Social and thought leader outreach Scalable…
Metrics do matter. They provide you real measurements in how you are achieving your goals and objectives. RudiTuesday is a video series designed for CEOs and Business Owners
As an open network, XPX believes in the power of our members. We don’t try to promulgate a single point of view or approach. We see our role are providing a place where owners of privately-held businesses and their advisors can meet, get to know each other and learn from each other. One of the…
In this week’s video, Attorney Joe Martinez defines stockholder representative and describes how one should be selected.
In the eleventh video of MBBP’s M&A Clip Series, M&A attorney Joe Marrowdiscusses closing conditions in M&A Transactions.
In the tenth video of MBBP’s M&A Clip Series, M&A attorney Shannon Zollo explains the importance of non-competition and non-solicitation covenants when buying a business.
The XPX Marketplace is an open resource available to advisors and owners. There are three different directories in the Marketplace: Advisors – Drawn from XPX members across all our chapters Sponsors – Includes premium sponsors to XPX Chapters Tools – Features certification, training and tool companies that support the private company market. We are especially…
In the ninth video of MBBP’s M&A Clip Series, M&A attorney Mary Beth Kerrigandescribes post-closing indemnifications in M&A transactions.
In this week’s video, M&A attorney Joe Marrow discusses earn-outs. When buyer and seller can’t agree on a price, an earn-out is an effort to bridge that gap. An earn-out mechanism allows the seller to realize more consideration in the transaction post-closing and increase the purchase price. A buyer will require a seller to set aside — or hold…
In this week’s video, M&A attorney Scott Bleier explains why working capital is a vital piece of the M&A transaction. What is working capital? In its simplest definition, working capital is current assets over current liabilities. Buyers want to buy a business with enough working capital to keep this going without an immediate need for a cash infusion. Sellers,…
XPX is the only open advisor network in the private company/business value transfer market. This means that we do not advocate a single approach or vendor. Instead, we endeavor to be a place where all advisors, owners and vendors can interact and collaborate. We walk our talk with our New Website where we feature: Marketplaces…
In this week’s video, M&A Attorney Joe Marrow covers escrow (or a hold back) which is common in most merger and acquisition transactions. Essentially, the buyer requires the seller to hold back, or set aside, a certain amount of purchase price funds to satisfy any post-closing claims. Our Boston-area M&A attorneys can help to negotiate how much money such be…
In this week’s video, M&A attorney Mark Tarallo explains when an HSR Act filing is required and the time you should provide for completing that filing when selling your company.
With higher tax rates, it’s not surprising that business owners are looking for more tax-efficient ways to sell their companies. And in the right circumstances, selling to an employee stock ownership plan (ESOP) can allow owners to defer taxes or even avoid them entirely. Please take a moment to read Bernstein’s recent article entitled, “Investing After…
Although the ultimate “home run” for venture capital investors remains an IPO of a portfolio company investment, for most investors the primary method of liquidity is an acquisition event. Mindful of this typical exit scenario, investors will often bargain for “drag-along rights” in their financing documents which contractually require all (or most) of a company’s…
As baby-boomer business owners approach their 60s, their thoughts often turn from an “achievement” mindset to one of “quality of life” values and concerns. It becomes a time of reflection — a time to sort out life’s purpose and values, and to determine when enough is enough. As business owners begin to think about this…
Protecting and Preserving Your Business for the Future— Presented by: Kathie H. Okun Building a successful business takes commitment, dedication, and a lot of hard work. And like anything of value, it must be protected – but not only against current risks such as fire or theft, but also against less tangible hazards such as…
It depends on what study you read or who you listen to, but there is a fact facing many employers – There are 76 million people born between 1946 through 1964, commonly referred to as the baby boomers. By many estimates, 9.2 million business owners are over 50 years old and An estimated 8 million…
By Paul Cronin, COO – Successful Transition Planning Institute My business partner, the author Jack Beauregard, and I recently had breakfast with Lorraine McGregor from Vancouver, BC Canada. Lorraine is the author of books on Exit Planning and Entrepreneurship, as well as an experienced business consultant. We were all discussing why so many business owners were delaying (the…
Basic premise is all of the issues outlined below are best reviewed and where possible addressed (either by solving or by developing an explanation to assure Buyer you have the issue managed) well in advance of going to market. Continue reading… Originally posted by Michael P. Gallagher on March 31, 2015 at 12:44pm
4 Ways to Overcome Strategy Execution Roadblocks Does this sound familiar to you? You’ve held your strategic planning meeting with your management team late last year, identified key strategic projects, assigned responsibilities and you were off and running. Everyone was on board, or so it seemed. What’s happening? Why are we not making any progress…
I am a CEO, not a psychologist, so what do I know about culture and human behavior? Maybe nothing, but in my 30 year experience, it’s hard not to reflect upon the notion that who we are and what we do plays out daily throughout the culture of our organizations. As a business leader, you…
By: Michael J. Cavaretta In a merger or acquisition in which a technology company is the target, the target company’s software is often a material — and perhaps even the principal — asset of the deal. Often, this software was developed using open source software (OSS). While there are several advantages to using OSS, including lower…
MBBP Partner Carl Barnes was recently quoted in a Massachusetts Lawyers Weekly article written by Patrick Murphy, entitled “Survivor of Merger Controls Attorney-Client Privilege.” The article discusses Novack v. Raytheon, a recent Massachusetts Superior Court decision holding that, under Delaware law and the terms of a merger agreement, control of the attorney-client privilege relating to pre-merger communications between BBN Technologies Holding…
It’s MBBP’s first issue of 2015 and we’re providing plenty of news to start the year off right! Open the PDF. This newsletter is packed with articles, such as: ◾TAX: Treasury Announces New Restrictions on Inversions – Robert Finkel ◾IP: Scrutinizing Biotechnology & Software Patent Eligibility in M&A Deal Valuations – David Fazzolare ◾TECHNOLOGY: Open Source Issues in…