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Tagged: Cautious Documents Missing
Supporting documents for DD come from the seller, what if the seller has a poor internal system in terms of keeping and managing data?
Would the approach be waiting for the seller to sort out the information (which could be time consuming) or try to rely on something else for comfort?
While most documents provided by the seller, however I would also rely on other market sources as well
Data may never be perfect and in cases approximation and suppositions must be made. Not a perfect science
Depends on how much your company values speed of deal execution as compared to thoroughness of risk assessment. If speed is needed, you could potential ask the seller to include a term in the representations and warranties section of the SPA/APA (depending on the type of risk).
I think for things that can be calculated in a matter of days or a week or two, and it is important, one should wait. If it is not possible to get that data, your internal assessment of risk on the deal should increase and should influence your overall judgement on if this deal should be pursued or not
I think you can find many documents in public records and elsewhere. It is a bad sign if a potential target organization is missing major important pieces of due diligence documentation. They should be prepared and have gathered it. This may be the first red flag that this purchase should be stopped, more limits put in place, or the price greatly reduced for potential issues further down the road.
For LMM companies you should be able to get all or most data a QoE firm would require. There are some rare moments where a specific document is unable to be found and you don’t want to hold up closing over it, but they should be able to provide everyything on the financial, legal and benefits side. If not, it may be a flag to keep in mind.
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