Seller Representation

The representation of a company and its shareholders, in the sale of that company, is one of the primary focuses of KDS Capital’s merger & acquisition service. The firm brings to its clients the experience gained in successfully closing transactions in a wide variety of industries, bringing the diversity and depth of those experiences to clients of the firm. In addition, we can market the client’s business confidentially hence allowing the business to be sold without jeopardizing client, vendor, and employee relationships.

KDS Capital typically advises clients who have not yet had discussions with potential acquirers, in an effort to develop and later execute a selling strategy. KDS Capital is also often retained after a company has been approached by a potential acquirer. We seek to maximize the potential offer or find competing bids. For each selling client, the goal is to create the most appropriate transaction structure and maximize a client's after-tax return. Seller representation services include:

• Consultation and development of an offering memorandum.
• Confidentially market the business.
• Preparation of preliminary or comprehensive valuation.
• Review and/or prepare non-disclosure agreements.
• Conduct buyer due diligence to evaluate buyer’s purchasing power and liquidity.
• Negotiation and deal structure consultation.
• Consultation on due diligence expectations and information flow.
• Review and advice on letter-of-intent and purchasing agreements.
• Advice on post-close integration challenges and best practices.

In every assignment, KDS Capital believes in a commitment to integrity and is willing to advise the client against a strategy or transaction, even when it affects the firm's contingent fee.