Negotiation and Deal Execution

 

“We wouldn’t have even known where to start without Lee.”

— Stuart Brown, Global Exploration New Ventures Manager (in respect of an African asset sale and negotiation)

  • Negotiation.

    Negotiation is much more than the tactics employed “in the room”. While superior tactical skills are critical to success, without adequate preparation they are blunt instruments. Optimal negotiation outcomes require thorough consideration of preferred and acceptable positions (including the relationships and dependencies between them), BATNA analysis, mandate preparation, and anticipation of all counterparty positions.

    With decades of global front-line experience, MCA has proven expertise in negotiation preparation and execution. A track record of favourable negotiation outcomes is underpinned by exceptional insight into counterparty positions, a deep knowledge of commercial agreements, and astute tactical execution.

    From multi-billion dollar M&A deals with international conglomerates to navigating the sensitivities of dealing with developing-country governments, MCA understands better than most that there is no “one-size-fits-all” approach to negotiations, and tailor our approach and advice accordingly.

  • Transaction Structuring.

    Whether it be corporate or asset M&A, marketing arrangements, joint venture establishment or new-country entries, all forms of deals require careful structuring consideration. Weighing the relative impacts of tax, legal, financial security and strategic implications is critical, although optimal outcomes for each are often in conflict with each other.

    In the absence of an objective manager to make a risk-based decision, it is often the most senior (or most vocal) functional representative that wins out. MCA can help independently ensure that all the relevant required inputs and risks are defined and objectively represented, assess the alternatives, and make a recommendation.

  • Funding.

    Having managed over $3 billion in debt raising (bank and bond) and $2.5 billion in equity, MCA can lead or assist in funding process management, negotiation with banks and arrangers, and co-ordination of disclosure documentation (including verification).