Negotiating an ESOP Transaction: Common Term Sheet Factors and What They Mean

NCEO 2022 Employee Ownership Conference

The primary tool for negotiating between sellers and buyers in a proposed ESOP transaction is the term sheet. This session will define, explain and expound on the common terms and negotiating factors of the term sheet and how they affect the outcome of the ESOP, and it will feature a sample term sheet. Join Edward C. Renenger to unravel the role trustees play with regard to the term sheet and identify ways term sheets typically manage risk and upside potential.

Learning Objectives:

1. Understanding the use and purpose of a term sheet in an ESOP transaction.
2. Recognizing and defining key terms and their uses.
3. Demonstrating how sellers can protect themselves and the company from post-transaction litigation and claims.

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