Just what is recurring revenue?
We’ve worked with companies across many industries and one question that comes up all the time is: “how much of your revenue is recurring?” Are customers coming back regularly? Predictably? Are you competing for each sale, or is repeat purchase more typical? Are you “spec’d in” to customers’ products and what’s the lifecycle of those […]
The Psychology of Selling a Business
There are many reasons why owners and founders come to Mirus Capital Advisors to sell their business, and I will spare you a comprehensive list, but in 17 years of selling businesses, I’ve been fascinated to see how often psychology comes into the decision-making process. By far, the most common answer to the question […]
“$163 million?!!!? Hey, Terminate ME!” (Break-up fees in the middle market)
Hillshire Brands agreed last month to acquire Pinnacle Foods for $4.3 billion in a deal intended to broaden Hillshire’s product offerings beyond Ball Park hot dogs, Jimmy Dean sausages, and other protein products by adding Pinnacle’s roster of iconic grocery brands including Birds Eye, Mrs. Paul’s, Log Cabin, Duncan Hines, Vlasic and more. The market […]
When a Non-binding Term Sheet Becomes Binding
From Mintz Levin: “Although letters of intent and term sheets represent the first step in nearly all negotiated corporate transactions, parties should be aware of court rulings enforcing purportedly non-binding letters of intent. Parties should proceed with caution when drafting letters of intent or term sheets and in their course of conduct surrounding the negotiations of definitive agreements to help ensure they are not later bound to their ‘non-binding’ term sheet.”
Shareholder Agreements in Closely-Held Massachusetts Corporations
I received this brief summary from Elizabeth Burnett and Jehanne Bjornebye at Mintz Levin and found it interesting. Several questions about the rights of shareholders and their conflicting rights as fiduciaries are addressed in the recent Superior Court decision Merriam v. Demoulas Super Markets, Inc. It’s instructive.
Restricted Stock: A Simpler Solution for Mid-Sized Companies
There are at least five reasons why restricted stock grants remain appealing for a variety of companies, large, medium and small: (1) it’s real stock; (2) it creates a meaningful element of employee retention; (3) the income tax consequences are straightforward; (4) the grantees really do have skin in the game; and (5) an employer can add features that help preserve the control of the current owner(s).
Financing Options for Small and Middle-Market Companies
This article gives a brief description of a dozen common solutions for middle-market financing, including revolving credit, factoring, sale-leaseback arrangements, and more. I recommend it as a good starting point to evaluate the options for a small or middle-market business that needs cash (and can’t wait). It also points out the potential drawbacks of each option.
What’s the difference between “Middle Market” and “ABL”?
For most banks and finance companies with more than $1 billion in assets, commercial lending is typically segmented into Large Corporate, Middle Market, and Business Banking. “Middle Market” and these other segments are generally understood to describe a type of borrower, whereas “ABL” (asset based lending) refers to a type of loan.