Posts Tagged ‘contingent action’

Come Prepared

Thursday, June 13th, 2019

Here in London, the month of June is arguably the best time for international tourists to visit the city. What with the pageantry of The Trooping of the Colour, Royal Ascot, Henley Regatta, Wimbledon, and major music acts in town, it is a sporting and social mecca. However, unseasonal rain and cool temperatures, as visitors are experiencing this week is an occupational hazard. It necessitates everyone has a plan B and C for what to see and do, and what to wear.

The same is true for an entrepreneur having prepared their business for sale, selected a preferred bidder and negotiated the terms of a deal. Here is three common situations:

  1. Misunderstandings arise when a whole new group of advisers –
    lawyers, accountants, bankers and other financial advisers – arrive, when they’ve not been privy to the negotiations or to the nuances of the conceptual agreement reached.
  2. Highly important issues arise in the due diligence process.
  3. There is a deterioration in the financial performance of the business.

What is your “wet weather” option?

You need a mixture of preventative and contingent actions.

“Preventative“, in the form, of a growing peer level trusting relationship and intimate dialogue with what I term, the “economic purchaser”. The individual with the means and authority to approve the purchase, whose P&L will pay you for the business, who has the veto right or will claim credit for the acquisition or investment. Where you can ask the economic purchaser to intervene where his or her lawyers are hung up on moderate or low importance issues and threatening to delay or derail your agreement.

Contingent“, in the form of

  1. a willingness to end the discussions with the purchaser if your objectives are not being met.
  2. you can quickly attract alternative ideal bidders (personal/emotional connection to you and/or the business, have a need or one that can be easily rekindled for the investment, can move fast and possesses means and authority to pull the trigger).
  3. ceasing the entire sale process.

Experienced sellers know there are no guarantees, just as those tourists splashing through the rain towards the Tower of London and the London Eye must accept this week.

Investor Fears

Monday, March 25th, 2019

Investors don’t fear an entrepreneur and their organisation’s ideal future, what they do fear is that the road to that destination is not littered with explosive devices. What preventative and contingent actions do you have in place now to allay your ideal investors’ fear that they are not lambs to the slaughter? Your success in powerfully articulating and boldly reassuring them is directly correlated to the time taken to convert initial interest into a firm commitment.

Inconvenience Squared

Monday, July 10th, 2017

Sitting on a EasyJet plane last night in Nice’s Côte d’Azur Airport minutes after boarding and the Captain gets on the microphone apologising that due to inclement weather on route, we must wait 55 minutes on the tarmac in Nice because “he needs to free up the gate”. He then invites those who would like to look around the cockpit to pay him a visit when the engines are off.

Kudos for the leader of the ship for addressing the audience and his openness to entertaining the frustrated passengers (quite how that is squared with EU security protocols preventing access to the cockpit is something of a mystery). Yet the obvious thing to ask is why would you ask 170 customers to be inconvenienced to a great extent in boarding a plane that you know is going nowhere for a considerable amount of time? Why couldn’t you move the plane 200 metres to another stand?

Perhaps you don’t care or perhaps the airline’s priority is more important than that of its’ customers comfort?  I see the same thing in a number of businesses.  Think about the unnecessary inconveniences that you are asking your customers to tolerate for your benefit? What stops you changing your behaviour and applying common sense? Is it a material or immaterial reason (safety or Company Policy)?

Too often our best intentions to manage customers expectations are largely overlooked because we insist on dumb decisions which are clearly not in our clients’ best interests.

© James Berkeley 2017.

 

Trusting Relationships Trump A Deal

Friday, June 2nd, 2017

 

Donald Trump follows through on one of his campaign promises and there are cries of “quelle horreur” and “nein” from his European partners, at the mere thought of any re-negotiation. It begs the very same question in your business, are you putting too much emphasis on signing a contract, and too little on continuing to nurture a peer-level trusting relationship and creating alternatives, where the original signatories (investor, customer, employee or business partner) may change, and the anticipated value derived from the deal is in all likelihood a long way in the future?

© James Berkeley 2017.

 

 

Idiotic Management: British Telecom (BT)

Tuesday, August 30th, 2016

A call from a Jennifer Williams at BT, our broadband service provider’s security department, alerts us to suspicious activity. The call request details send us to their main customer telephone (30 minute wait) or their chat line function, hosted in some far fetched location, where you spend 30 minutes trying to get someone, who can input your account details accurately.  If BT’s management are truly serious about lowering the costs of fraud, and improved customer care, they would do well shopping their own business processes. They make the keystone cops look like MI5.

© James Berkeley 2016. All Rights Reserved.

Putin’s Boardroom Lesson: Who Let The Dogs Out

Wednesday, February 19th, 2014

The heightened escalation of hostilities in Kiev splashed across global news media goes to prove that even the most choreographed “coming out” parades or new launches can be a hostage to fortune. The billions invested in Sochi to showcase a confident, high-growth and modern country are submerged beyond powerful images of fires, death and Russian political influence in Ukraine’s domestic affairs. When the 2014 Winter Olympics are over, it is clear no amount of images showing celebrity giant slalom skiers, 15 year old ice skaters and singalongathon’s  at the bottom of the Big Hill will stick long in the mindset of most people watching around the world. It is also a timely reminder to executive management tasked with exploiting profitable growth opportunities in a high growth market that they can never control or plan for everything.

  • If you have the predominance of your infrastructure in place, start, don’t wait to be 100% ready or 100% certain.
  • You must have preventative and contingent action in place for incorrect assumptions (market size, market demand, propensity of buyers to buy through different distribution channels) or unplanned events (the arrival of a new competitor, the announcement of new regulations)
  • You must establish clear accountabilities within the business for monitoring progress towards business goals and appropriate interventions
  • You must plan in advance to regularly bring good news to your key constituents, such that the need for changes of direction “on the fly” are put in the appropriate context
  • You must hire people with the skills, aptitude and personal resilience to work daily in a highly ambiguous environment
  • You must surround them with the appropriate tools (technology), support (feedback and resources) and authority (decision-making power) to manage a safe passage through the rocky terrain

There is a slightly macarbe irony watching a Russian DJ pumping up the crowd to the strain of 1990s anthem “Who Let The Dogs Out” in a momentary lull before the evening final of the ski jumping, and events across the border this week in the Ukraine. What is clear is that even the most powerful and wealthy governments and businesses cannot control everything and have to prepare for foreseen and unforeseen obstacles.

© James Berkeley 2014. All Rights Reserved.