Bernd Taucher Graf Patsch Taucher Rechtsanwälte GmbH What are the most important factors to keep in mind when advising on an acquisition of this nature? In my view, two things are crucial. Firstly, it is all about communication. Good lawyers solve problems, whereas excellent lawyers ask the right questions before they solve anything. This means that prior to working on a transaction, we are eager to fully understand the structure proposed for the project. We may get involved at a point of time where clients have already signed a letter of intent with a certain structure in place. By asking the right questions, we try to quickly understand our clients’ and the transactions’ needs, which may require a change to the originally proposed structure. Excellent communication in all directions is a must, including all parties involved who promote a deal, such as advisors, financing banks or funds. Once we have agreed on a structure with our client, we look to get the other side of the transaction on board. To this end, we try to understand the other party’s interests and whether we can argue a revised structure also to their benefit. M&A projects always include parties with different interests; however, we obviously aim to get the best solution for our clients which in parallel should also be the best solution for the counterparty on the deal. We are tough on the issue but gentle in our communication with the counterparty and their advisors. At the end of the day, we want to bring about a successful deal together. With this in mind, it is absolutely crucial to develop a perfect understanding of the counterparty and its positions and also the positions of any other advisors or stakeholders in a transaction. And this is exactly how I try to run a project at Graf Patsch Taucher. 100 LAWYER MONTHLY JULY 2023
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