A company that is considering a transaction should work with experienced counsel to address key diligence items that persistently emerge in transactions. The objective of advance preparation is reduce the opportunity for the buyer/investor to obtain price reductions, indemnification, or other concessions by remediating issues that the buyer would likely uncover in its diligence investigation.
The initial step in a pre-emptive diligence review is to determine if the appropriate corporate formalities have been observed by the company and its subsidiaries.
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