Outlined below is Gerbsman Partners' proven action plan for maximizing enterprise value of Intellectual Property. and the associated Intellectual Capital

  1. Package Business/IP Summary - 3 to 10 pages sent to potential buyers

    1. Review existing Business Plan and other related documents.
    2. Identify Intellectual Property to be sold.
    3. Identify key Intellectual Capital personnel and have them take first cut.
    4. Finalize document.

  2. Create due diligence "War Room"

    1. Review current documentation.
    2. Identify the components, freeze source code and other assets.
    3. Based on time and resources, plan packaging of the IP.
    4. Manage preparations for the due diligence.

  3. Phase out the use of the IP (if selling IP only and not as a going concern)

    1. Analyze current operations and services running using the IP.
    2. Prepare a phase out/shutdown plan.
    3. Manage the shutdown process.

  4. Provide Clean Title for the prospective buyer of the Intellectual property

    1. Analyze current financial situation by reviewing the balance sheet - accounts payable, executory contracts, and other contingent liabilities.
    2. Develop and execute strategy to insure no " Fraudulent Conveyance " issues. IP will be sold - "As is, Where is - No Reps or Warranties"
    3. Determine best method to give " Clean Title " - Assignment for the benefit of the Creditors, Foreclosure, Chapter proceeding and/or a reserve clause in sale.
    4. Manage the process.

  5. Prepare Prospect / Distribution List

    1. Identify top prospects together with company, equity investor(s) and other sources.
    2. Analyze current Customers, Competitors, Strategic Partners, and/or VC Private Equity Portfolio Companies - "Those prospects who should care".
    3. Combine with Gerbsman Partners' proprietary database.

  6. Management of the process

    1. Respond to interested parties.
    2. Set "Due Diligence Date(s)" - at "War Room" of company.
    3. Set formal "Bidding Date", Minimum bids supported by Cashier Checks.
    4. Winning bidder to close in 7 business days.
    5. Orderly shut down of the company.