Negotiating Mergers and Acquisitions

by Peter Howson
access120 days access
cpd hours4 CPD hours

This course will enable you to:

  • Feel confident when negotiating
  • Ensure your offers are appropriate from the other party's view
  • Ask the right questions to cover all your needs
  • Focus on the details of your deals without losing sight of the overall picture

Negotiation is a scary prospect for many and, when it's a merger or acquisition that you're negotiating, the stakes are high. But the best negotiation happens when both sides get what they want, so the blustering bully of the negotiation stereotype is most likely inexperienced, floundering and easily countered. It all comes down to a few simple rules.

This course takes you through the negotiation process, making sure you are well prepared, that you understand what will come up in the initial stages of the negotiation, and know what's needed to finalise the deal.

Preparing to negotiate

  • What are the basics of negotiating?
  • Who can negotiate?
  • How can we prepare to win?
  • Who are we negotiating with?
  • What does the other party want?

The negotiation process

  • How do we trade?
  • How can we take charge?
  • Why ask questions?
  • How do we become good at this?
  • Why aim high?
  • What does success look like?

Initial stages

  • What are Heads of Terms?
  • What about confidentiality agreements?
  • How should we structure the offer?
  • How can we negotiate the best purchase price?
  • What other structuring issues are there?
  • How do we negotiate an engagement letter?

Final stages

  • How can we negotiate an earn-out?
  • How else can we bridge the gap on price?
  • What representations, warranties, disclosure and indemnities can we negotiate?
  • What restraint / non-compete clauses should we negotiate?

Peter Howson is a director of AMR International, London's leading independent provider of commercial due diligence. He has worked on over 200 due diligence assignments. He has over 25 years of mergers and acquisitions (M&A) and business development experience gained both in industry and as an advisor. Peter has a degree in Economics, is a CIMA qualified accountant and holds an MBA from Manchester Business School. He has written three M&A and due diligence related books.

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Verifiable CPD
Your course counts as verifiable CPD, if you can answer "yes" to these questions:

  1. Was the learning activity relevant to your career?
  2. Can you explain how you will apply the learning in the workplace?

You select courses that meet these criteria, and as you complete each course you get a CPD certificate so you can provide ACCA with the evidence that you undertook the learning activity.