“The two owners of a company had a falling out but couldn’t agree on a buyout price. The owner who wanted to stay had no intention of selling the company and was only willing to buy based on the stand-alone value of the company. The owner who wanted to leave pointed out the elevated level of M&A activity in the industry, including bona fide indications of interest in the company at twice the stand-alone value, and was only willing to sell at the M&A price. Both believed they had identified the fair market value of the company as required by the buy/sell clause of the shareholders’ agreement. For a deal to get done, something had to give…”
Read Chuck Faunce’s full article in The Daily Record
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