Will you elaborate on the use of earnouts in M&A deals?

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This is a follow-up to an earlier post on earnouts in M&A deals. I’ve embedded below a detailed presentation on earnouts I prepared last year. It is intended to serve as a stand-alone document that does not require any verbal commentary. Topics include:

  1. An introduction to earnouts
  2. Determining whether to use an earnout
  3. How to measure performance
  4. Payment of the earnout
  5. Control over the operation of the business
  6. Accounting considerations
  7. Tax considerations
  8. Psychology
  9. Arbitration
  10. The “kick-out” clause

Let me know if you have any follow-up questions.

Earnout-Presentation-20141

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Erik Lopez is the M&A lawyer responsible for this blog. Feel free to contact Erik at erik@jassolopez.com or +1-214-601-1887.

erik

Erik Lopez

Partner at Jasso Lopez PLLC

Erik is an M&A lawyer with over 23 years of domestic and cross-border, public and private M&A experience. He has successfully closed hundreds of deals totaling tens of billions of dollars in value for a global client-base. He is a graduate of the University of Chicago and New York University School of Law. You can reach Erik at erik@jassolopez.com.