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Private Equity Lessons for the Startup or Entrepreneurial Company

Private Equity Lessons for the Startup or Entrepreneurial Company
Free Download - Checklist of Provisions for an LLC Operating Agreement By David M. Adler
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1. Increased shareholder value through better cash management.

Business is largely the exploitation of resources to generate value. Capital is often, if not always, the catalyst for unlocking the potential value of various types of resources, e.g. assets, people, intangibles. In a practical sense, capital is synonymous with “cash.” The trend in private equity goes against regarding cash as a “rainy-day” fund or a “war chest.” Therefore proper management of cash to return the highest value to shareholders is to balance “husbanding of near-term use” for strategic R & D and acquisitions against the value in returning some cash to investors.

2. Understanding the true cost of capital.

For the entrepreneur, this is a fundamental question. In order to grow a business, companies often have two choices: selling an ownership interest in the company or borrowing money form others, often on less-than-preferable terms. While the HBR article focuses on the analysis of credit ratings and borrowing parameters affecting public companies, the premise is equally applicable to small or entrepreneurial ventures: the cost of capital will affect your ability to leverage that capital. For the entrepreneur, in a private equity context, this essentially translates to how much money do I need to execute my plan and how much control am I willing the cede to acquire it?

3. Long term profit and value growth come from operational performance not just efficiency.

“If you fail to plan, you plan to fail.” Operational performance doesn’t just happen. It occurs by design. Chart a strategic course to improve operational performance, but don’t stop there. Evaluate achievement through subsequent monitoring of its implementation. Private equity firms are often know for “near continual review and revision,” measuring progress against key indicators. Although rigorous control of costs is typical, there are no generic formulas. One suggested method is to measure similar kinds of performance gains against its peer group. Lastly, companies need a fair amount of self-evaluation. Looking within, a company should look to non-core businesses to determine whether such businesses should be jettisoned or whether additional funding will lead to new markets or competitive advantages. Looking outside, management needs to target acquisitions that either “consolidate the company’s market position or realize economies of scale.”

4. Focus Incentive Compensation on Top Executives.

Private Equity focuses attention on the method with which the top executives are compensated with equity as opposed to just cash. There method commonly follows a two-tier approach. First, compensation needs to be focused in those who are the proven drivers of company performance, not simply broadly spread across company employees. The rationale is that these employees have the greatest direct contribution to shareholder value.

Second, large equity packages are often triggered by proven successes that achieve a financial goal for the Private Equity backer. Keep in mind that for every investment, Private equity is looking for a “Liquidity Event” that will inject new capital into the business and free up the investors to profit from the increased shareholder value. In order to balance against wind-fall profits and serendipitous accumulation of ownership, companies should place restrictions on stock options such as financial performance targets.

5. Advisor Influence.

While larger, public companies are required to have Board of Directors composed of members who fall into a some-what limited class, non-public companies are advised to create similar Boards. To get the most value out of these Board members, expertise and time should be structured and organized to increase effectiveness.





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David Adler, attorney, author, educator, entrepreneur and driving force behind the Adler Law Group, a boutique intellectual property law firm in Chicago, Illinois. With an extensive background in corporate and IP law, including contract interpretation, drafting, negotiation, and enforcement, he also specializes in advising artistic talent and creative professionals in the media and entertainment industries. He received his law degree from the DePaul University College of Law where he wrote for the DePaul Arts & Entertainment Law Journal. He received a Bachelor of the Arts in English, a Bachelor of the Arts in History with a minor concentration Chemistry from Indiana University in Bloomington, Indiana. Mr. Adler also taught E-Business in the Arts, Entertainment & Media Management Department of Columbia College Chicago and past chair of the Chicago Bar Association's Start-up and Entrepreneurial Ventures Subcommittee. David M. Adler, Esq. & Associates, PC SAFEGUARDING IDEAS, RELATIONSHIPS & TALENT® 161 North Clark Street, Suite 2550 Chicago, Illinois 60601 Toll Free (866) 734-2568


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