Seven Core Principles to Maximize the Value of Your Business During its Life and Upon its Sale Presented by Doug Hubert Managing Director, CBIZ Mergers & Acquisitions Group Steve Henley National Tax Practice Leader, CBIZ MHM National Tax Office Strategic Edge Series • • • • • • Seven Core Principles to Maximize the Value of Your Business During Its Life and Upon its Sale – May 18th Creative Compensation Strategies to Maintain Morale and Retain Talent – June 22nd Don’t Be Held Captive: Go Captive to Manage Your Risk and Expenses – July 20th Federal Incentives That Can Show You the Money – August 17th Protecting Your Legacy with Succession Planning – September 21st State Tax Nexus: No Physical Presence Required – October 26th All these webinars are from 2:00 – 3:00 ET. Here is the link for registration for any of these webinars - www.cbiz.com/strategicedge 2 Seven Steps Agenda • The Seven Steps to Increase the Value of your Company • How is Value Influenced - Pricing • How is Value Influenced – Transaction Type • Strategic Sale vs Leveraged Recapitalization • How is Valued Influence – Tax Considerations 3 Seven Steps 1. Build a Deep Management Team • Building a deep management team is one of most difficult challenges for business owners. • Significant Value Driver: Management depth is the difference between a good and great company. • Jack Welch, former CEO of General Electric considered talent development his most important job. • Tactic: A formal talent recruitment and development plan should be established. Further, a management retention program should be considered. 4 Seven Steps 2. Diversify Your Customer Base • Ideally, a company’s largest customer should represent no more than approximately 15-20% of revenue & profitability. • If any customer becomes too large, then to some degree, the customer owns the business. • Like management team depth, customer concentration is a significant value driver. • Diversifying customer base may cause short-term sacrifice, but it will create long-term stability and value. 5 Seven Steps 3. Maintain Quality Financial Information • Lack of quality financial information is a consistent weakness among middle-market companies. • Prior to a transaction of any form, a company should transition from their current attest level to a formal audit. • Audited statements provide credibility with bankers, insurance companies, and investors (both private and public). • In a sale transaction, audited financials reduce chance of purchase price reduction due to lack of certain accruals. • An audit is also a powerful management tool. 6 Seven Steps 4. Develop a Proprietary Product or Service • To thrive in any marketplace, a company must offer unique product or service that isn’t easily replicated. • While an obvious value driver, few companies are dedicated to creating this distinction. • It should be easy for customers, employees, or competitors to quickly describe what makes a company unique? • Superior products or services can create pricing advantages (in good times) and customer loyalty (in challenging periods). 7 Seven Steps 5. Focus on Profitability • Too many business owners measure success on revenue rather than profitability • A $30 million revenue company with $5 million in profits is worth more than a $60 million business with $2.5 million in profits • Another common mistake is desire to limit profitability to limit taxes – Focus becomes tax avoidance rather than operational efficiency and profit maximization – Explore tax efficient strategies such as pass through entities (SCorporation or LLC’s) 8 Seven Steps 6. Prepare and Execute a Business Plan • Establish operational and financial plans and goals for your business in one, three and five year increments and share them with your employees – Plans should take into account various economic, industry and company specific scenarios and how management would react to each – Thorough planning creates roadmap for future growth, focuses employees and management on quantifiable goals and allows for better decision making 9 Seven Steps 7. Seek The Help of Professional Advisors • Qualified advisors can provide valuable advice as you grow your business while also allowing you to avoid disastrous legal, financial and operational mistakes that may have significant financial consequences down the road – – – – Accountants Attorneys Insurance Agents Investment Bankers • Recruit a Board of Directors (or seek counsel from other entrepreneurs) 10 Seven Steps Pricing – How is Value Influenced? • Review of factors that increase or decrease valuations of businesses – CBIZ M&A handles “middle-market” assignments – generally companies with revenue between $10-300 million – Valuation in the middle-market is typically expressed as a multiple of EBITDA (Earnings Before Interest Taxes Depreciation and Amortization) – A M&A banker will also make adjustments to EBITDA to “addback” various expenses and personal perks that would not continue under new ownership – “Adjusted EBITDA” 11 Seven Steps Pricing – How is Value Influenced? • Review of factors that increase or decrease valuations of businesses – To understand how these seven principals affect valuation, we will walk through hypothetical valuation drivers – For purposes of this example, based on our experience, please assume that Company “A”, a healthy middle-market business, has a “base” valuation multiple of 5x Adjusted EBITDA 12 Seven Steps Pricing – How is Value Influenced? 1. Size – (as expressed in adjusted EBITDA) – a larger business is viewed as having more stability (reduced risk), is easier to finance, and generally will attract larger and more financially capable buyers EBITDA Level > $10 MM $5-10 MM $2-5 MM $1-2 MM < $1 MM Multiple Adjustment add 2x add 1x-2x no change deduct 1x deduct 2x 13 Seven Steps Pricing – How is Value Influenced? 2. Depth of management – does the company have a deep and well-rounded management team? Factor Deep Management Team One “Boss”/Limited Team Multiple Adjustment add 1x-2x deduct 1x-2x 14 Seven Steps Pricing – How is Value Influenced? 3. Customer diversification – does the company have any customer concentration issues (i.e. a customer representing more than 20% of revenue/profit)? Factor Diversified customer base Concentrated customer base 15 Multiple Adjustment add 1x-2x deduct 1x-2x Seven Steps Pricing – How is Value Influenced? 4. Audited Financials – Does the company have audited financials and a strong CFO/financial controls? Factor Audited Financials/clean records Unaudited Financials/poor records 16 Multiple Adjustment add 1x-2x deduct 1x-2x Seven Steps Pricing – How is Value Influenced? 5. Proprietary Products/Services – Does the company have a proprietary or commodity product/service? Factor Proprietary Product/Service Commodity Product/Service 17 Multiple Adjustment add 1x-2x deduct 1x-2x Seven Steps Pricing – How is Value Influenced? 6. Profitability (expressed as a percentage (%) of revenue) – What is the company’s EBITDA margin? EBITDA Margin > 20% 15% - 20% 10% - 15% 5% - 10% < 5% Multiple Adjustment add 2x add 1x-2x 0x – add 1x deduct 1x-2x deduct 2x 18 Seven Steps Pricing – How is Value Influenced? 7. Sale Process – Is the company only talking to one buyer or has the company hired an investment banking firm to create a controlled auction? Factor Multiple Buyer Auction One Buyer Process Multiple Adjustment add 1x-2x deduct 1x-2x 19 Seven Steps Pricing – How is Value Influenced? • Two Strategies – 1. Strategic Sale 2. Leveraged Recapitalization 20 Seven Steps Strategic Sale - Description • Sale of the stock or assets of the company to a company in the same business line or a similar business line. • Sale can either be full or partial. • Example: the 1996, $13.3 billion stock for stock merger of Boeing and McDonnell Douglas, creating a larger Boeing. 21 Seven Steps Strategic Sale - Advantages • Typically creates highest valuations (at transaction closing) due to the value of synergies. • Ideal for business owners who wish to maximize their proceeds at closing and eliminate future risk • Reduced post-closing role for selling shareholders. 22 Seven Steps Strategic Sale - Disadvantages • After a 100% sale, selling shareholders are unable to take advantage of future growth opportunities. • Culture of the company often changes to that of the acquiring company. • A strategic sale does not usually create an opportunity for remaining management to obtain any ownership stake. 23 Seven Steps Private Equity Sponsored Recapitalization Description • The sale of a portion (usually majority interest) of the stock or assets of a company to a Private Equity Group (PEG). • A PEG is a firm that has raised a fund (or funds) to make leveraged investments in privately and publicly held companies. • Ideal for business owners who need a financial partner to pursue growth opportunities while reducing a portion of their financial risk 24 Seven Steps Private Equity Sponsored Recapitalization Description • General Mechanics of Leveraged Recapitalization – – Owner sells 100% of business – • Receives cash (and possibly notes) and continuing ownership interest in business – Can be up to 49% as most PEG’s wish for majority ownership – Continuing Ownership Stake is purchased on a leveraged basis (same equity basis as the PEG) – PEG and Owner work to aggressively grow business – Company is typically sold (or recapitalized) four to six years later – Attractive option if owner believes future value of business will be materially higher than value at initial sale 25 Seven Steps Private Equity Sponsored Recapitalization Advantages • Allows ownership to monetize their investment in the company, often maintaining a substantial (typically minority) ownership stake. • Ownership continues to run business • PEG funds can materially accelerate growth through organic and acquisition strategies as well as managerial assistance • Provides remaining ownership with a “second bite of the apple” when exiting the company. • Post transaction culture of the company typically remains intact. • Potential opportunity for management to earn equity. 26 Seven Steps Private Equity Sponsored Recapitalization Disadvantages • The post transaction company is typically substantially more leveraged than it was prior to the transaction. • Enterprise values (at initial transaction) are typically less than a sale to a strategic acquirer. • Unlike a sale to a strategic acquirer, because selling ownership typically reinvests in the new company, cash proceeds at close are typically lower. 27 Seven Steps Entity Structure is Important • • • • C Corporation S Corporation LLC Partnership – General – Limited 28 Seven Steps Entity Structure is Important • Stock Sale – Buyer • Takes entity liabilities and risk exposures • No step up in basis of assets (lower depreciation/amortization) absent § 338(h)(10) election when eligible – Seller • Capital gains • No continuing liability • Transition may be secured by employment continuation – May be required by current contracts not being assignable 29 Seven Steps Entity Structure is Important • Asset Sale – Buyer • Avoids entity liabilities and risk exposures • Step up in basis of assets (higher depreciation/amortization) – Purchase price allocation required – Seller • Different tax treatment between C corporations and passthroughs • No continuing liability • Transition may be secured by employment continuation 30 Seven Steps Entity Structure is Important C Corporations Pass-Throughs • Generally limited to a Stock Sale (if corp gain on assets can’t be offset by NOLs); • No Basis Step Up for Earnings Pre-Deal; • Pre-deal dividend distributions subject to double tax • • • • 31 S Corps, LLCs, Partnerships; Allows Asset Sale; Buyer get’s basis step up Seller avoids double tax and basis increase for past earnings • Post deal seller tax benefits should drive higher purchase price Seven Steps C Corp Conversion to S Corp • • • • Make sure you meet S Corp Eligibility Requirements; Elect S Corp Status 10 Year “Built-In Gain” Period; BIG Tax Paid on Conversion Date Gain in Assets if Assets disposed within 10 Years; • If Company is expected to appreciate substantially over the next 3-5 years prior to sale, this should be beneficial; • Option to do a stock sale to avoid BIG tax still exists 32 Seven Steps Recapitalization Structure • Recap defined: – Seller has a continuing interest – Seller participates in future value creation to the extent of this continuing interest 33 Seven Steps Recap: S Corporation • • • • • Use of LLC structure to facilitate sale can accomplish asset step up for Buyer’s portion; Seller continues with a continuing interest; Target’s shareholders recognize gain (OI or CG) on the asset sale of target’s assets; Special allocation of depreciation/amortization to the Buyer group; Be careful to avoid issues with continuing interest and anti-churning rules 34 Seven Steps Recap: LLC or Partnership • Seller continuing for a minority share can be accomplished more easily with an LLC or Partnership; • More flexibility in percentage interest retained by Seller; • Buyer can get basis step up for consideration given to sellers; • Special election made to achieve basis step up as a result of purchase of seller’s units 35 Seven Steps Recap: C Corp • Buyer purchases majority control from seller; • Buyer unlikely to achieve basis step up unless a deemed asset election can be made and corporate level tax is sheltered as previously mentioned • Seller should receive capital gain on shares sold 36 Seven Steps QUESTIONS? 37 CBIZ MHM, LLC Contacts Doug Hubert Managing Director, CBIZ Mergers & Acquisitions Group 770.858.4491 dhubert@cbiz.com Steve Henley National Tax Practice Leader, National Tax Office 770.858.4443 shenley@cbiz.com 38 Seven Steps Thank You 39 Seven Steps CBIZ Financial Solutions, Inc. Disclosure CBIZ Mergers & Acquisitions Group is a division of CBIZ Financial Solutions, Inc., which is a wholly-owned subsidiary of CBIZ, Inc. (NYSE:CBZ) Securities & Investment Advisory Services offered through CBIZ Financial Solutions, Inc., member FINRA, SIPC and Registered Investment Adviser 40 Seven Steps Copyright © 2011. CBIZ, Inc. All rights reserved. Contents of this publication may not be reproduced without the express written consent of CBIZ. To ensure compliance with requirements imposed by the IRS, we inform you that—unless specifically indicated otherwise—any tax advice in this communication is not written with the intent that it be used, and in fact it cannot be used, to avoid penalties under the Internal Revenue Code, or to promote, market, or recommend to another person any tax related matter. This PowerPoint is distributed with the understanding that CBIZ is not rendering legal, accounting or other professional advice. The reader/participant is advised to contact a tax professional prior to taking any action based upon this information. CBIZ assumes no liability whatsoever in connection with the use of this information and assumes no obligation to inform the reader of any changes in tax laws or other factors that could affect the information contained herein. 41 Seven Steps