There are fundamental matters that need to be considered in each transaction. In essence, each seller and each buyer has its own objectives; the “art of the deal” is to find the common ground that enables each to sufficiently achieve its objectives so as to enable the transaction to occur. Anticipating and understanding the other parties’ objectives is key to finding the common ground.
Similarly, there are many factors that can or may need to be considered such as the industry/ sector, securities laws, foreign investment and competition laws, tax, IP, labour relations and employment, pension and benefits matters, international or multi-jurisdictional matters, etc. Some or all of these (plus others) may or may not be relevant depending upon the circumstances.
There is also the negotiation and drafting of the documentation. Each business has similarities with and differences from others in its sector and beyond. No “one size fits all” works; instead numerous factors will influence including available resources, time constraints and pressures and risk/liability allocation.
A successful acquisition/disposition transaction requires care and attention in preparation and execution including in the analysis of trends and customs in structuring and creating the principal documentation.