Selling a business is a multifaceted endeavor, the considerations of which typically extend well beyond the sale of the operating company’s stock or assets. One crucial aspect often overlooked by many sellers, specifically founders, is the impact the continued lease to the buyer of the owned commercial real estate (“CRE”) can have on the value of their Family Wealth Enterprise (FWE), and vice versa. Successful M&A transactions, as well as CRE deals, are about effective structuring with the goal of optimizing value. This requires navigating nuances often missed. In this guide, we will explore the crucial components that can have a profound impact on your FWE, specifically in the context of a sell-side M&A transaction. We will discuss aspects of deal structure, the often-underestimated details within the letter of intent (LOI), and the significance of lease terms in CRE.

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