This due diligence form is a detailed summary to be completed for each acquisition or divestiture agreement performed within the company regarding business transactions.
Bexar Texas Acquisition Divestiture Merger Agreement Summary
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Multi-State
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Bexar
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US-DD0711
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FAQ
A merger occurs when two separate entities combine forces to create a new, joint organization. An acquisition refers to the takeover of one entity by another. The two terms have become increasingly blended and used in conjunction with one another.
Relation to mergers and acquisitions (M&A) Divestiture transactions are often lumped in with the mergers and acquisitions process. Most people think of the buy-side of these transactions (buying businesses) but corporations also actively look to sell non-performing or non-core assets to optimize their business.
Definition of divestiture 1 : the act of divesting. 2 : the compulsory transfer of title or disposal of interests (such as stock in a corporation) upon government order.
A partial or full disposal can happen, depending on the reason why management opted to sell or liquidate its business' resources. Examples of divestitures include selling intellectual property rights, corporate acquisitions and mergers, and court-ordered divestments.
About the FTC Federal Trade Commission.
The basic statute enforced by the FTC, Section 5(a) of the FTC Act, empowers the agency to investigate and prevent unfair methods of competition, and unfair or deceptive acts or practices affecting commerce. This creates the Agency's two primary missions: protecting competition and protecting consumers.
Divestiture Order means a ruling or request by a Governmental Entity which obligates Buyer (or its Affiliates) to sell, divest, or hold separate any particular assets, categories of assets or lines of business (represented by any assets or lines of business of Buyer or any of its Affiliates), as a condition to such
Mergers, acquisitions and divestitures all involve a structural change to an underlying business form of at least one company through the purchase or sale of an entire company or its parts. These procedures may occur with the acquiescence of both parties or may involve the absorption of an unwilling business.
Conduct remedies are typically used to address perceived problems with vertical mergers and with the holding of minority interests, although in some cases they may be used in horizontal mergers. Guide describes a variety of different conduct remedies.
Key Takeaway. The FTC has many weapons to remedy unfair and deceptive trade practices. These include civil penalties, cease and desist orders, restitution for consumers, and corrective advertising. States have supplemented common law with their own consumer protection acts, known as little FTC acts.
