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Valuation Fairness Opinions, Appraisal Rights, Appraisal Arbitrage, and Contribution-in-Kind Reports document, evidence and support that a proposed transaction is either financially sound and commercially reasonable or it is not. Objective, credible, authoritative and well-supported Opinions are essential to show that a Board of Directors and other fiduciaries have or have not acted prudently and have met their regulatory and other obligations to operate in the best interests of the shareholders and other stakeholders as to whether or not to proceed with a particular transaction.
As with all opinions, they are only as credible as the experts selected to prepare and support them with their expert-witness testimony. EDS’ experts are internationally accredited ASA/RICS/MAI & USPAP / IVS instructors and well-published luminaries in the global valuation community whose independent professional opinions have allowed our clients' to prevail in billions-of-dollars at issue in courts and tribunals and alternative dispute resolution throughout-the-world.
Typical transactions involving Valuation Fairness Opinions, Appraisal Rights, Appraisal Arbitrage, and Contribution-in-Kind Reports include: Mergers and Acquisitions, Appraisal Rights / Dissenting Stockholder / Appraisal Arbitrage, Leveraged Buyouts, Managed Buyouts, ESOP-Related Transactions, Corporate Reorganizations, Corporate Divestitures, Bond Indentures, Joint Ventures, Financial Restructuring, Affiliated Transactions, Going-Private Transactions, and major leasehold and capital asset expenditures.
Our opinion process includes: comprehensive due diligence, valuation of the company, including specific valuation of equity classes or debt securities, valuation of the consideration if other than cash, assessment of the fairness of the proposed transaction price, from a financial point of view, by comparing the indicated range of fair value to the analysis of the transaction strike price, the process undertaken by the Board of Directors, the structure of the transaction, the likelihood of transaction closing (e.g., public relations, political, regulatory, financing and other considerations), thorough analysis and assessment of the offer and the opportunity to improve terms, and the form and likelihood of realizing the consideration.
EDS Valuation Fairness Opinions, Appraisal Rights, Appraisal Arbitrage, and Contribution-in-Kind Reports and other such transactional opinions are independent and objective and render credible findings that will withstand challenges and scrutiny from regulatory, judicial and taxing authorities.
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