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Aspiring Lawyers - Interviews & Vacation Schemes
Commercial Awareness Discussion
The M&A Case Study Experiment - Part 1
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<blockquote data-quote="lunaisla03" data-source="post: 129698" data-attributes="member: 27048"><p>Q1. Digion is interested in acquiring Immersive for 3 reasons. Buying the company would allow Digion to:</p><ul> <li data-xf-list-type="ul">Expand their growth and position in the online gaming industry by combing their patented cloud technology and software abilities with Immersive’s expertise in multiplayer technology, valuable IP, and added popularity</li> <li data-xf-list-type="ul">Gain access to specialised expertise not already available to them, as co-founders are experienced with game server hosting.</li> <li data-xf-list-type="ul">Cut costs in the long-term by acquiring a contributor in the supply chain that enables products to be developed and distributed by themselves in-house, aligned with their goal of making online game development more effective, efficient, and accessible.</li> </ul><p>Q2. Elena should emphasise that a clause be included in the SPA prohibiting soliciting or poaching any of Digion’s employees for a set duration go time.</p><p></p><p>Q3. It sets out the conditions to be complied at every stage within the acquisition process with if the deal goes ahead to ensure it is in the best interest of both parties. This would essentially allow for a smoother process at every step, in terms of issuing necessary shares alongside granting consent and authority for due diligence, for instance. By attempting to ensure transparency at the out-set, Clause 5 sets clear Digion’s requests to outline any unwanted risks that would jeopardise the deal.</p><p></p><p>Q.4. -</p><p></p><p>Q5. Since Digion is a London-based company, any disputes would be better settled in England for Digion as the SPA would be governed by English law, rather than German law, and to allow for less uncertainty.</p></blockquote><p></p>
[QUOTE="lunaisla03, post: 129698, member: 27048"] Q1. Digion is interested in acquiring Immersive for 3 reasons. Buying the company would allow Digion to: [LIST] [*]Expand their growth and position in the online gaming industry by combing their patented cloud technology and software abilities with Immersive’s expertise in multiplayer technology, valuable IP, and added popularity [*]Gain access to specialised expertise not already available to them, as co-founders are experienced with game server hosting. [*]Cut costs in the long-term by acquiring a contributor in the supply chain that enables products to be developed and distributed by themselves in-house, aligned with their goal of making online game development more effective, efficient, and accessible. [/LIST] Q2. Elena should emphasise that a clause be included in the SPA prohibiting soliciting or poaching any of Digion’s employees for a set duration go time. Q3. It sets out the conditions to be complied at every stage within the acquisition process with if the deal goes ahead to ensure it is in the best interest of both parties. This would essentially allow for a smoother process at every step, in terms of issuing necessary shares alongside granting consent and authority for due diligence, for instance. By attempting to ensure transparency at the out-set, Clause 5 sets clear Digion’s requests to outline any unwanted risks that would jeopardise the deal. Q.4. - Q5. Since Digion is a London-based company, any disputes would be better settled in England for Digion as the SPA would be governed by English law, rather than German law, and to allow for less uncertainty. [/QUOTE]
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The M&A Case Study Experiment - Part 1
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