Change-in-control agreements often known as golden parachutes are quite common in the executive ranks. If you are contemplating a sale, both you and the potential buyer will want your executives to stay on through the transition and then depart gracefully.
So, while they have a stigma attached to them, golden parachute agreements can be mutually beneficial. They’re also quite complex and so are the governing rules under 280G. Determination of the payment on account of change-in-control can be a challenge.
October Three can bring you an experienced team to look at the complexities of accelerated payment and accelerated vesting and put the appropriate value on them. And, if the result of those calculations is a bit larger than you had hoped, we know that the rules include many rebuttable presumptions. Of course, you’ll want the benefit of O3’s knowledge and experience in rebutting them.