| acquired person, 112 |
| acquiring person, 112 |
| acquisition | motivations in, 9–11 | | term defined, 3 | | see also mergers and acquisitions |
|
| acquisition plan development | draft, 41–43 | | identifying cost savings, 36 | | objectives, 37–41 |
|
| ACS, Xerox merger, 8 |
| action plan, for sale preparation, 20 |
| affidavit regarding liabilities, 89–91 |
| Age Discrimination in Employment Act
(ADEA), 266 |
| Alliance of Merger and Acquisition
Advisors (AMAA), 48 |
| American Society of Appraisers (ASA),
47 |
| Americans with Disabilities Act (ADA),
113, 266 |
| Anheuser-Busch, 40 |
| antitrust laws, 106–109 | horizontal acquisitions, 107–108 | | vertical acquisitions, 108 |
|
| architectural standards, for franchising,
291 |
| asset-based lending, 158–159 |
| asset purchase agreement, 195–207 | indemnification provisions, 198,
200–201 | | indemnification provisions sample,
202–203 | | postclosing legal tasks, 273 | | sample, 214–217 | | scope, 210 |
|
| asset purchase transaction, 3, 131 |
| asset valuation method, 150–151 |
| assets, seller’s clear title to, 88 |
| Association for Corporate Growth, 47 |
| auction, 29 |
| auction pricing format, 147 |
| audit committee, 96–97 |
| bad deals, causes, 8–9 |
| Bain Capital LLC, 206 |
| Bank of America, 4, 6, 40 |
| bankrupt companies, due diligence
investigation, 69 |
| banks, mortgage criteria, 5 |
| BCE telecommunications group, 4 |
| benefit plans, after closing, 271–272 |
| best practices, for postmerger integration, 277–280 |
| brand loyalty, 8 |
| brand name owners, 302 |
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