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.
Compare the purpose, format and intended obligations of an LOI and a term sheet. The name alone does not determine enforceability or a required deal sequence.
An audit tests whether historical financial statements conform to GAAP, under GAAS or PCAOB auditing standards, and ends in an auditor's opinion. Due diligence is a buyer-driven, forward-looking investigation of risk and deal viability, with no formal standard and no audit opinion.
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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