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CONTRACT CLOSE-UP

Making Sure the Damages are Liquid

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One of the great things about making an escrow deposit a requirement in the sale of broadcast assets is that it helps to validate the...
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Specific Performance: A Compelling Remedy

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The buyer of a broadcast station is acquiring a scarce commodity – it’s not as if there’s an opportunity to go across the street to...
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Indemnification: A Useful Tool

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Communications law expert John M. Pelkey of Garvey Schubert Barer doesn’t quite say that, if indemnification clauses were put in capsule or tablet form, they...
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A Guaranteed Way to Collect Post-Closing Damages

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The seller of a broadcast property cannot just walk away from the closing table and start counting its money – most buyers will have the...
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Betting on a Station’s Future

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Broadcast transaction, what you see is not always what you ultimately get – sometimes it's better! Such is the case when the station being sold has upgrade potential. In an ideal situation, the licensee will upgrade the station before selling it, but ...
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The Towering Importance of Vertical Real Estate

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One of the key components of a broadcast operation is a tower – the station’s vertical real estate.  Besides making broadcasting possible in the first...
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Plagiarism as a Negotiating Strategy

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Are you planning to buy a broadcast station? Would you like to include protections for yourself in the contract -- protections the seller perhaps would...
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Taking Stock: Special Considerations in an Equity Transaction

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Pitfalls the strategy places in front of each party and the contractual safeguards that can be used to avoid them. In most broadcast transactions, the buyer purchases the station’s assets. Every so often, however, it makes more sense ...
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Making Sure the Buyer has the Money to Close

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In a broadcast transaction, it is pretty much a given that the seller will have the goods ready to go on closing day. However, the...
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Making Sure that Seller Conducts Business as Usual

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Most broadcast stations are sold as going concerns, and a large part of their value is in the form of intellectual property, loyal audience and...
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Structuring the Purchase Price to Serve the Seller’s Needs

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Mention the phrase “station trading market” to a veteran media broker and you might soon be fielding the question, “What station trading market?” To say...
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Post-Closing Survival Strategies

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Promises, promises! In a broadcast transaction, the buyer expects to get its property as represented. Due diligence should provide answers to many relevant questions on...
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Tying Up the Loose Ends

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A broadcast owner getting out of the business may want to make sure ties to the station in the form of costs or responsibilities are...
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Making Sure the Buyer Passes FCC Muster

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Not just anybody can own a broadcast station, and that is a matter of importance to an individual or entity proposing to sell a station....
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Dealing with Employee Benefits in a Purchase Agreement

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Licenses, microphones, transmitters, towers, buildings, chairs – these are some of the items that change hands in a broadcast transaction. None of them are likely...
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Withholding Assets from the Buyer

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Anybody who has ever bought a previously lived-in house knows that some things convey to the buyer, and others do not. That sort of thing...
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Damages upon Termination: Letting the Parties spell out their Relief

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When a contract for the sale of a broadcast station comes undone, it often leaves more than hurt feelings in its wake. The parties to the transaction may suffer actual monetary harm, ...
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Promises, Promises, Promises: Duly Noted

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Difficult financing environment have contributed to the increasing use of seller paper to get deals done. Read this explanation of promissory notes ...
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Ensuring Cable Carriage: What a Difference a Year Makes

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Contracts: KTAQ-TV Dallas. Television stations expect to be part of all significant MVPD channel lineups in their DMA, whether it is the type that brings...
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ABCs of LMAs: Dollars and FCC Sense

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Contracts: WTIF(AM) Tifton GA, WTIF-FM Omega GA and WFFN(FM) Ashburn GA; WFXG-TV Augusta GA; KTKA-TV Topeka KS; KZRM-FM Chama NM; WACF(FM) Young Harris GA. There...
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