Seller Ebitda Clawback

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by a searcher from Harvard University
in Toronto, ON, Canada

1yr ago

Seller Ebitda Clawback

I am working on a clawback for a NJ deal, premature stage. This is to protect the sudden upsurge commercial businesses see post-covid.
Anyone here experienced similar situation? Help with some experience. Of course it is not a happy discussion with seller, that I am slamming a drop of ebitda out of his seller note. how did you tackle this?

1 Like

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reply by a searcher 1yr ago
from Harvard University in Toronto, ON, Canada

Maintenance and construction industry will always have a manageable headwind, irrespective of the rebound, because of the geopolitical and economic external factors. You are right obviously I termed it not as a clawback but you get what I am trying to do. Forgivable seller note is essentially what it is I see now.

reply by a professional 1yr ago
from The Johns Hopkins University in Basking Ridge, NJ 07920, USA

To care to not be harsh, nomenclature is less important. The key is bringing up the concept at the right time to have support for position - whether it be a forgivable note, holdback or lower price with an earnout. Happy to discuss but best of luck!