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Due Diligence and the Business Transaction: Getting a Deal Done by Jeffrey W. Berkman

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Has Due Diligence Created an Opportunity to Improve the Deal Terms?

An overarching theme of the due diligence investigation is an attempt to verify the business story as told by the seller, potential partner, or the company seeking financing (hereafter, “the seller”). Chapter 5 discussed examples of how the discovery of certain types of legal issues results in termination of a proposed deal because they undermine the business story. Some deals fail because they are legally impossible to complete or simply too risky, costly, or uninteresting from a financial or business standpoint. Not all issues discovered during the due diligence process end ...

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