Exit

Overview

Your venture-backed firm has an opportunity to pursue an “exit” transaction. Perhaps a larger player could commercialize your development-stage technology faster. Maybe you want to return investor capital. Your team has devoted sweat and inspiration to this enterprise, and it’s critical that you negotiate an agreement that reflects the value they’ve created.

Experience and Focus

At Faber, we have an M&A team of senior attorneys with deep experience in stock-based and asset-based acquisitions.  We also have a team of senior attorneys with deep experience in partnering transactions for technology platforms and product candidates – and their experience can be critical if your transaction will include structure (that is, earn-out contingent payments based on technology development and commercialization milestones).

We’ve managed hundreds of M&A transactions.  We can leverage this experience to help you design and negotiate a deal that—

  • recognizes your company’s present and future worth,
  • ensures your appropriate participation in future product development and commercialization, and
  • obtains fair treatment for your management and employees.

One or more of our senior attorneys will put our industry insights to work for you, working closely with your scientific and business leaders on all aspects of your deal ─ from preliminary discussions through due diligence, bidding and documentation. This lean, focused staffing eliminates time-consuming handoffs, is cost-effective and provides the judgment needed for successful transactions.  And, we have the depth and breadth to support multiple parallel negotiations if you have an active auction process.

In addition to traditional mergers and acquisitions, we also have the experience to appropriately and successfully use option based and staged deal structures. Our clients rely on us to provide sound business judgment (rooted in deep experience), as well as legal advice, to manage or mitigate specific risks and challenges in these structures, such as a change of control or shifts in business and scientific priorities during the full deal lifecycle—and then we design, draft and negotiate appropriate provisions in the definitive agreement.

Contact us to learn how we can guide your firm through a successful exit transaction.

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