Assess whether a top customer is actually sticky (c6d0c8)

Situation

After a CIM that omitted a material litigation, management-team retention and key-person map is what commercial-diligence partner can touch in a public acquirer facing HSR and sector regulators. M&A Due Diligence will live with Proceed versus Reprice on this Separation and Integration file.

Decision

Commercial-diligence partner in a public acquirer facing HSR and sector regulators must choose Proceed / Reprice / Walk / Hold using management-team retention and key-person map after a CIM that omitted a material litigation.

Hypotheses to test

• Authorize Proceed now; management-team retention and key-person map already has the discriminator after a CIM that omitted a material litigation.
• Keep Reprice in force until management-team retention and key-person map is completed after a CIM that omitted a material litigation for commercial-diligence partner.
• Treat management-team retention and key-person map as Walk because both readings appear after a CIM that omitted a material litigation.
• Refuse a M&A Due Diligence close: commercial-diligence partner does not have the page a top customer is actually sticky turns on in management-team retention and key-person map.

Analysis required

• Map reps, earnout mechanics, and integration risk a public acquirer facing HSR and sector regulators would inherit.
• Tie quality-of-earnings, working-capital, and contingent items in management-team retention and key-person map to a top customer is actually sticky.
• Name the document commercial-diligence partner still needs before signing.
• For this M&A Due Diligence Separation and Integration file, read management-team retention and key-person map against a CIM that omitted a material litigation and write the one fact that would move a top customer is actually sticky for commercial-diligence partner.

Recommendation

Choose Proceed / Reprice / Walk / Hold on this M&A Due Diligence / Separation and Integration packet (management-team retention and key-person map after a CIM that omitted a material litigation). The follow-on Separation and Integration action is what commercial-diligence partner does next: implement the option, assign an owner, and log the missing fact.