Every acquisition involves structural decisions that affect tax outcomes, liability exposure, and deal economics. These side-by-side comparisons break down the key choices so you can evaluate each option with clarity.
10 comparison guides - Structured analysis - Nationwide M&A counsel
The most consequential structural choices in M&A transactions.
Deal structure and process decisions that materially affect outcomes.
Letters of intent and term sheets serve similar functions in M&A: they memorialize the key deal terms before a definitive purchase agreement is drafted. But they are not interchangeable.
Buyers frequently confuse due diligence with a financial audit, or assume one substitutes for the other. They serve fundamentally different purposes.
How you structure the purchase price can matter as much as the price itself. An upfront payment delivers certainty to both sides.
Financing structure directly affects deal feasibility, closing timelines, and post-acquisition cash flow. SBA 7(a) loans are the most common financing mechanism for small business acquisitions under $5M.
Additional M&A concepts and structural options compared.
People use 'merger' and 'acquisition' interchangeably. Legally, they are distinct structures with different governance requirements, tax consequences, and operational outcomes.
Acquisition strategy determines what you buy and why. A horizontal acquisition adds a competitor or similar business to expand market share.
In every M&A transaction, the buyer and seller have different interests, different risk profiles, and different legal priorities. The attorney representing each side focuses on fundamentally different objectives.
Purchase price mechanics determine what the buyer actually pays at closing. A fixed price means the headline number is the final number (with limited exceptions).
Restrictive covenants protect the buyer's investment after closing. A non-compete prevents the seller from starting or joining a competing business.
These guides provide a framework, but the right structure depends on your specific transaction. Submit your deal details for a preliminary assessment by our managing partner.
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