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ARTICLE · 05 AUGUST 2012

John Moore's Guide to Merging - Part 2: Don't Date a Stranger

Phase 2 of the M&A process is Due Diligence, one of the most vital considerations of any merger opportunity.

AustraliaCorporate/Commercial Law

THE BACKGROUND CHECK THAT COULD SAVE YOUR BUSINESS

This is the second in a three part series on mergers and acquisitions.

Mergers and Acquisition Committees and investigation sub teams

In the first article in this series, we discussed making the initial contact, entering into a deed of confidentiality in order to achieve the necessary exchange of confidential information, and the forming of an M&A Committee from both sides who have the authority to negotiate in good faith.

It is important then to start this phase with a brief consideration of the importance of this M&A Committee. The formulation of this Committee is instrumental to both the success of your proposed M&A and the next phase we will address in this article – Due Diligence. Just as the Committee is vital to the success of your proposed merger, so is your commitment to the teams you form to enact and investigate this merger. By failing to provide sufficient resources to enable the Committee /

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