Outlined below is Gerbsman Partners' proven action plan for maximizing enterprise value of Intellectual Property. and the associated Intellectual Capital
- Package Business/IP Summary - 3 to 10 pages sent to potential buyers
- Review existing Business Plan and other related documents.
- Identify Intellectual Property to be sold.
- Identify key Intellectual Capital personnel and have them take first cut.
- Finalize document.
- Create due diligence "War Room"
- Review current documentation.
- Identify the components, freeze source code and other assets.
- Based on time and resources, plan packaging of the IP.
- Manage preparations for the due diligence.
- Phase out the use of the IP (if selling IP only and not as a going concern)
- Analyze current operations and services running using the IP.
- Prepare a phase out/shutdown plan.
- Manage the shutdown process.
- Provide Clean Title for the prospective buyer of the Intellectual property
- Analyze current financial situation by reviewing the balance sheet - accounts payable, executory contracts, and other contingent liabilities.
- Develop and execute strategy to insure no " Fraudulent Conveyance " issues. IP will be sold - "As is, Where is - No Reps or Warranties"
- Determine best method to give " Clean Title " - Assignment for the benefit of the Creditors, Foreclosure, Chapter proceeding and/or a reserve clause in sale.
- Manage the process.
- Prepare Prospect / Distribution List
- Identify top prospects together with company, equity investor(s) and other sources.
- Analyze current Customers, Competitors, Strategic Partners, and/or VC Private Equity Portfolio Companies - "Those prospects who should care".
- Combine with Gerbsman Partners' proprietary database.
- Management of the process
- Respond to interested parties.
- Set "Due Diligence Date(s)" - at "War Room" of company.
- Set formal "Bidding Date", Minimum bids supported by Cashier Checks.
- Winning bidder to close in 7 business days.
- Orderly shut down of the company.