The Exit Strategy: Navigating a Company Sale

An offer to buy or opportunity to sell your company can arrive when you least expect it. Are management and your board prepared to undertake this kind of transaction? Is there a risk you will leave value on the table? The board plays a key role in the sale process by ensuring the company is prepared to sell itself and by executing its fiduciary duty to protect shareholder value, manage conflict, align incentives and ensure regulatory/legal compliance, among others.

Join NACD New Jersey for Part 2 of our M&A series as we transition from being a buyer to being a seller. Our panel of legal, financial, and strategic experts will guide you through the "Playbook for a Sale," ensuring you are ready for the call you hope (or hope not) to get.

We will explore:

• The Fiduciary Playbook: Understanding the board’s unique duties
• Value Maximization: How to identify "value leaks" and leverage competitive dynamics like auctions vs. negotiated deals.
• Governance Oversight: Managing conflicts of interest, aligning incentives, regulatory considerations and leveraging external resources.
• The Power of Disclosure: Navigating the delicate timing of when to disclose an offer to shareholders, other stakeholders (including key customers) and the market.
• What Legal aspects will continue post-sale that should rise to the level of the Board during the process? Reps and Warranties, Indemnifications, etc.
• And more....

Register