Case Study #2

Case Study #2

Sand & Gravel Pit Court Ordered Sale

Acquired by:

Individual Buyer

Total Value of the Transaction: $2,900,000

Key Deal Terms

  • Partnership Breakup – Court ordered sale
  • Company being run by trustee
  • Process start to finish took 15 months
  • Created Confidential information memorandum (CIM)
  • Financial buyer identified
  • First LOI Received within 60 days
  • Multiple offers secured
  • Additional Gravel Reserves Secured before close
  • Sellers discretionary earnings: $1,100,000 (Before Litigation)
  • Sale Price: $2,900,000
  • Final Value: 2.63X Multiple of Net cash flow
  • Final Value Severely negatively impacted by litigation

Client Story

This type of situation is always a shame. When it comes to litigation, no-one wins except the attorneys. The company was extremely profitable before the partners started fighting. It would have most likely sold for 5-6 million dollars if the partners would have continued to operate as normal while going to market. However, the partnership devolved to the point that the court appointed a CPA to sell the business. He was forced to find a new operator because the partners could not cooperate. The business lost much of its regular customer base because of the litigation and the liquidator was very happy to get the $2.9 million since the profitability was not the same. Ultimately much of what would have been net proceeds was eaten up by legal costs. We cannot stress the importance of taking steps to resolve a problem partnership before it reaches this level.