When it comes to selling a company, it is easy to focus on the most visible stages of the process – identifying a buyer, negotiating a price, diligence, and documenting and closing the deal. Yet, some of the most important factors in ensuring a successful sale occur much earlier, long before the company is actually “in play.” In this event, we will address the long-term considerations that assist in closing a future sale on the best possible terms.
- Recognizing the metrics that potential purchasers in the relevant industry will use to value the company, and making sure the company is focused on building out in those areas
- Staying abreast of developments in the industry, activities of competitors, other acquisition activity and similar market information, in order to identify trends and to be able to recognize when the climate is right for a sale
- Considering the effect that change in control and employee vesting provisions will have in ensuring continuity of key employees following a sale and in negotiating the purchase price
- Protecting the “crown jewels” of the company, whatever they may happen to be – intellectual property, customer lists or otherwise
- Being aware of the chilling effect that "right of first offer" and "right of first refusal" contractual provisions can have on negotiations with other potential purchasers
- Maintaining orderly corporate, commercial and accounting records to increase the attractiveness of the company, expedite the sale process and prevent surprises during diligence that can be a basis for reducing the purchase price
This session will include ample time for networking and Q&A and will be useful to both early-stage and established companies.
Corey L. Massella, Partne & CEO, SEC Solutions Group - Corey L. Massella is a partner of the firm and CEO of Citrin Cooperman’s SEC Solutions Group. With more than 20 years experience, Corey provides business consulting, audit and tax services for clients in a wide range of industries. Corey has deep experience with technology company’s financial service firms, including hedge and private equity funds, banks, broker-dealers and investor relations firms.
As a business consultant, he has advised the CEO’s and CFO’s as well as the Boards of both public and non-public clients in various industries. Corey has negotiated mergers and acquisitions, performed due diligence for potential target acquisitions; assisted clients in the analysis of cash flows, productivity, personnel, financing, the preparation and development of business plans, the preparation of public offerings; and represented clients before governmental agencies such as the IRS and SEC. Additionally, Corey is one of the founding members of the firm’s Technology Industry Committee.
Corey is a member of the American Institute of Certified Public Accountants and New York State Society of Certified Public Accountants. He presently serves on the NYSSCPA Securities and Exchange Commission Committee and is a board member and sponsor for the Financial Executives Institute (FEI), Keiretsu Forum and the Long Island Capital Alliance.
Jack Early, Limited Partner, Vantage Point Venture Partners
Jack Early, who is currently affiliated with Vantage Point Venture Partners, was the co-founder of Early Cloud & Co (ECC) and is considered an expert in the areas of multi channel sales & marketing and the technologies that support Customer Relationship Management. ECC clients included Sears, Citibank, Bank of America, Lend Lease (Austrailia) Bank of Scotland, Allstate, Pac Bell, First Chicago National Bank, and others. The company was sold to IBM in 1995. Upon leaving the company, he consulted with various Fortune 500 companies, including IBM, regarding their IT infrastructure to support alternative channels. Jack is a founding member of the Cherrystone Angles of RI, and in 2005, raised funds for the rebirth of the Narragansett Brewing Company and currently serves as Secretary and a board observer. was an investor in Context Media, which was eventually sold to Oracle in 2005. He was also instrumental in the sale of Clientsoft to Neon Systems in 2004 and the sale of Horizontal to Autodesk in 2011. In 2006, Jack joined the Board of Vistula Communications and subsequently performed as Interim COO. He later served as COO of GeoSentric from 2007 to 2010 and was a board representative of their China subsidiary Gypsii Shanghai. In recognition of his pioneering contributions to the contact center industry, Jack received a Lifetime Achievement Award in spring of 2006.
Don More, Managing Director, Signal Hill - Don More is a Managing Director at Signal Hill and was a Partner at Updata Advisors (which merged with Signal Hill) after joining in 1998. Mr. More focuses on representing companies in emerging sectors. Mr. More has completed more than 70 transactions with portfolio companies of leading financial investors and with public companies including CA, IBM, Oracle, Quest Software, Symantec, and Websense. Mr. More began his investment banking career as an M&A banker at Merrill Lynch. Prior to that, he was a corporate attorney with Davis, Polk & Wardwell and Shearman & Sterling. Mr. More received a J.D. with distinction from Columbia Law School, and a B.A. magna cum laude from Yale University.
Alex graduated with honors from University at Albany the State University of New York with a B.S. degree in accounting and currently serves on the University’s Accounting Department’s Advisory Board and the Alumni Association Board of Directors.
MODERATOR & PANELIST
Paul Ellis, Principal, Paul Ellis Law Group LLC - Paul Ellis is the principal of a six-lawyer firm, Paul Ellis Law Group LLC, and is a founding board member of the New York Technology Council (NYTECH) and leads NYTECH’s bi-monthly series of legal events. He has represented companies ranging from start-ups to multinationals, as well as funds and individual and institutional investors. Mr. Ellis counsels on issues including formation, early-stage financing, joint venture and strategic partnering relationships, employment, equity plans, mergers and acquisitions, and, together with his colleagues, protection and licensing of intellectual property. Beyond the software/internet/IT industries, he has practiced in industries including telecommunications, healthcare, manufacturing, banking, real estate, consumer products and entertainment. Previously, Mr. Ellis practiced with two major New York firms. He has extensive public speaking experience, having spoken on panels presented by organizations including the New York Academy of Sciences, Columbia University, the MIT Enterprise Forum and the National Science Foundation on the legal issues facing early-stage and technology companies. He holds degrees from Harvard University and Georgetown Law School.
When & Where
New York Technology Council
The NEW YORK TECHNOLOGY COUNCIL (NYTECH) is a 501(c)(6) non-profit organization comprised of individuals and companies who share a common interest in addressing challenges and opportunities for technology in New York.