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Bulkley Richardson to Present ‘Buying or Selling a Business During COVID-19’

SPRINGFIELD — Merger and acquisition (M&A) activity is on the rise, fueled by attractive market conditions and economic necessities. Buyers looking to increase their market share may see the pandemic as an opportunity to acquire a competitor and have access to record-low interest rates for bank-financed transactions. For businesses that have been hard hit by the pandemic, selling is a more attractive option than insolvency, bankruptcy, or dissolution, and a properly structured deal can allow the sellers to benefit from any post-pandemic growth.

On Wednesday, May 12, attorneys David Parke and Ryan Barry from Bulkley Richardson’s M&A team will present a virtual seminar, “Buying or Selling a Business During COVID-19: Unique Opportunities and Challenges,” in which they will discuss the unique challenges for M&A transactions during the pandemic, including:

• Achieving an accurate valuation of a business impacted by the pandemic;

• Structuring compensation and earn-outs in a way that fairly allocates the risks of current conditions and the benefits of a post-pandemic recovery;

• Issues posed by unforgiven PPP loans;

• Loss carryback refunds and deferred payroll taxes under the CARES Act;

• Impacts on material customers and supply chains;

• Addressing the risks of pandemic-related changes on the target business prior to closing; and

• Impacts on traditional representations and warranties.

The webinar will be held from noon to 1 p.m., and pre-registration is required at www.bulkley.com/ma-invitation.

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