How to Make a Better Deal in Your Deal-Making: Top 5 key points to remember

Posted on: October 4th, 2016

Business experts classify the anatomy of a business deal as having three main components.

One, the expected return, or what you would expect to gain; two, the upside potential, or the best possible outcome and three, the downside risk, or the worst possible scenario. The ultimate goal of a well-negotiated deal is to have a fair expected return, a positive upside and possibly very little downside.

While a considerable amount of experience and expertise goes into completing a successful deal, we have listed out five essential pointers to help you get the best out of your deal making.

The simpler, the better: Complications in deal making often arise out of complicated deals. To avoid unnecessary confusion, uncertainties, or misunderstandings, keep it simple. The majority of the negotiation should focus only on the key points that serve the underlying interests of both parties.
Use the Clock: In most cases, negotiations expand to fill the entire time available. While important decisions should not be rushed into, a healthy deadline often works in favor towards achieving a better deal. So insist on a deadline at the onset of your negotiations.
Understand where your BATNA lies: Commonly called the Best Alternative To a Negotiated Agreement, BATNA helps in understanding the best-case scenario if the deal doesn’t get done. This in turn will influence the incentive each side has to make a deal happen
Don’t be afraid to get personal: Ultimately, the success of the deal revolves around the people involved. It is therefore wise to take time to understand the person behind the deal and his/her motivations and objectives. Whether you choose to play golf, or go to dinner, spend quality time and learn all you can about the person or people involved.
Be smart about the written contract: Finally, a deal is only as good as its final contract. Avoid falling into the temptation of allowing the other side to do your paperwork for you. Rather hire your own lawyers and specialists to get the legal language right, making sure it is a watertight deal.

In the acquisition financing arena, capital availability is destiny as companies require reliable access to capital to grow over the long term. Unforeseen capital needs usually arise when acquirers least expect it. This can cause some concern for the acquisition financing provider, especially when covenants tighten up and that working capital availability is utilized faster than expected.

Mezzanine debt borrowing is usually a straightforward activity that many companies use for funding of transitional growth. Mezzanine debt lenders are highly transparent about their due diligence approach and their post-closing loan management making it easy for companies to engage with.

Elections have consequences and positive ones at that for the acquisition financing middle market. While much media attention is paid to the direction of the yield curve and the Fed’s likely rate cuts, scant attention is paid to the more important drivers of the acquisition financing market – business psychology and regulatory climate.