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HR, incentives and retention issues in Merger & Acquisition transactions

This article is an extract from GTDT Private M&A 2022. Click here for the full guide. 

In this chapter, we consider some of the key HR, incentives and retention issues from an acquiring company’s perspective, pre- and post-completion of a transaction.

The aim is to provide some high-level comments on these issues and to highlight the importance of commencing the due diligence process as early as possible.

We will cover the following issues:

why companies implement share plans;
international remote workers;
advance planning and due diligence;
key HR issues to consider;
communication with share plan participants;
vesting and settlement of share plan awards (awards);
managing the tax liabilities when awards vest or are exercised;
key share plan issues that arise on transactions;
retention and transaction bonuses;
general comments on awards; and
comparing awards granted post-trade sale versus post-private equity sale.

 

Why compani...

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