Purchase price
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Purchase price Start Comparison
Is a purchase price adjustment common?

Frequency/market practice: Very common.

What type of purchase price adjustment is common (e.g., debt-free, cash-free)?

Cash free/debt free coupled with a normalized level of working capital is popular for Singapore and South-east Asia deals. Locked box adjustments are also increasingly common on deals where the price payable is based on a historic set of accounts pre-signing which are subject to a due diligence review by the buyer. NAV / EBITDA adjustment is rarely seen unless the target is a listed target.

Is there a collar on the purchase price adjustment?

Frequency/market practice: Rarely unless public companies are involved.

Who usually prepares the closing balance sheet (where applicable)?

Frequency/market practice: The buyer usually has the responsibility of ensuring the target company prepares this, but the seller can also be responsible, especially where the seller stays on, e.g., in owner-managed companies with earn-out arrangements.

Is the balance sheet audited (where applicable)?

Frequency/market practice: Rarely; it is typically reviewed by the auditors but not fully audited.

Is an earn-out common?

Frequency/market practice: Fairly common in tech and industrials sectors and in private equity transactions when the sellers continue to manage the target company after closing. It is less common where the seller is completely exiting. Earn-outs are commonly capped. Recommend including worked examples or illustrations of the earn-out mechanics in the purchase agreements.

Is a deposit common?

Frequency/market practice: Rarely except for sale of target companies holding real-property assets (where a 10% deposit is common)

Is an escrow common?

Frequency/market practice: Fairly common; escrows are commonly used by private equity investors and strategic buyers. Private equity sellers are resistant to agreeing an escrow on the basis that it will not be able to distribute any contingent element of the consideration.

Is a break fee common?

Frequency/market practice: Not common. Payment for exclusivity is rare, seller more likely to require buyer to enter into a binding term sheet.