The term “Mergers and Acquisitions” (or M&A) refers to the buying, selling, and combining of businesses. Business combinations are generally defined as either “friendly” or “hostile.” Friendly mergers are those that are negotiated by the managers of the two companies. Hostile acquisitions occur despite the resistance of the management of one of the companies.

Whether the action is friendly or hostile, there are a number of ways to structure a deal. A “merger,” for example, is a statutory process whereby one company entirely subsumes another, and the entity that emerges from the process is one of the two original companies. A consolidation, on the other hand, occurs when two companies combine to form an entirely new entity. Unlike a merger or consolidation, a “purchase of assets” is a transaction where the parties have discretion over which assets and liabilities will be transferred, rather than all assets and liabilities.

Mergers and Acquisitions and other structured deals, whether friendly or hostile, can be a complex process. The sophisticated Mergers and Acquisitions attorneys at Giordano Spanier & Heckele Law Firm can help you negotiate, structure, and carry out the deal that meets your business needs. CALL TODAY for a consultation: (520) 495-0869, or email us at [email protected]