SC BAR

About the Seminar
When the buyer and seller of a business cannot agree on price, “earnouts” are a practical solution to close the deal now and work out the exact value of the business over time.  The buyer pays a certain amount now and additional sums over time if the business, generally under the continued operational control of the seller, meets certain performance benchmarks.  Earnouts are crucial tools for closing business sales and taking a “wait and see” approach to valuation. This program will be a practical guide to the uses of earnouts, identifying and defining operational benchmarks, operational control issues, post-closing concerns, and practical drafting tips. The program will also discuss the tax implications of using earnouts in business sales. 

·          When and how earnouts are used in a climate of volatile asset values
·          Operational and control issues
·          Identifying and defining performance benchmarks
·          Post-closing concerns for buyers and sellers
·          Tax implications of earnouts

About the Speaker
Mark O Henry is a partner in the Charlotte , North Carolina office of Robinson, Bradshaw & Hinson, P.A, and co-chair in the firm’s mergers and acquisitions group.  His practice covers a broad range of commercial transactions. He represents private equity and venture capital groups and other lenders in complex financing transactions and equity investments.  He focuses on structuring, negotiating and documenting senior and mezzanine debt and equity investments in the context of leveraged acquisitions and on inter-creditor issues among all layers of capital structures.  Mr. Henry is a Certified Public Accountant.  He earned his B.S., summa cum laude, from Ohio State University and his J.D., with honors, form the University of North Carolina School of Law.

Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE credit hour.