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What is an “earnout” clause in a business acquisition?
An Earnout Right is further defined as any transaction in which an income-earning asset is sold for consideration that includes the creation of an ‘earnout right’ (Earnout Right) for the seller of the asset.
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Force majeure in a major pandemic
Explore how COVID-19 may affect contractual obligations through an in-depth look at the legal concept of force majeure. Learn about the elements, nuances, requirements, and insurance implications of this technical area of contract law.
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Roll ups in M&A transactions
Roll Up and List strategy requires careful consideration of legal and financial structures. Dundas Lawyers discuss different techniques Acquirers can use to ensure success.
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Queensland technology company exits
Brisbane and South East Queensland (SEQ) tech companies have seen major success in recent years, like Wotif.com’s A$703 million sale. For confidential advice on tech sales, contact Dundas Lawyers to learn more about achieving business success and exiting with a profit.
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Planning a business acquisition
Malcolm Burrows’ series of nine articles, “Planning a Business Acquisition”, provides details to help avoid failure when planning or evaluating a business acquisition. It covers topics such as assembling an advisory team, confidentiality agreements, and due diligence.
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Assembling the advisory team
Assembling the right Advisory Team for a business acquisition is critical. Explore a framework to determine the ideal composition for success. Factors such as the Target, Main Barrier and Acquirer must be considered.
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Selecting and appointing the lead consultant
This article provides an overview of how to select and appoint a lead consultant for an acquisition. Learn about key factors such as delegation of power, skills needed, and various roles and occupations lead consultants can come from to ensure a successful process.
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Preplanning for method of acquisition – shares or assets?
Planning a business acquisition? Consider structure, ownership, securities, contract and assets. Generally, asset purchase or security acquisition? Don’t forget to factor in the Target’s wishes.
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Transfer Duty in business acquisitions
This article explores the application of transfer duty in business acquisitions, including what it is, what is a dutiable transaction, dutiable property, dutiable value, unencumbered value, when it is determined, and who must pay.
Mergers and acquisitions
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