KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Desperate seller looking to sell accounts / ISC schedule
April 4, 2019
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Notice:  ISC West.  Private meeting times are booked.  Concierge Clients should call our  Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 to arrange a private meeting and consultation. 
Open Meet and greet schedule at ISC:  Meet me at any of the below booths:
Wednesday 11:00 am – COPS booth ; 2:30 pm – Avant guard booth; 3:30 pm – All American Monitoring booth
Thursday 11:00 am – Rapid booth;  2:30 pm – J. Krug booth  
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Desperate seller looking to sell accounts
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Ken, 
            I need your advice. I need to turn some of my accounts into cash so I wish to sell a block of accounts and I'm looking for a buyer now.  My terms are as follows: 
*  I want an all cash deal, 
*  I need to make this sale in the next 30 - 60 days,
*  I am not willing to offer a guarantee period,
*  I want 100% cash at closing,
*  I'm going to stay in business,
*  I'm not turning over any phone numbers,
*  I want the multiple based on the gross RMR with no offset for the monitoring or radio fees,
*  I only want to sell a block of account of my choosing, 
*  Most accounts have monitoring, 
*  The accounts are monitored by a national central station and they are on their phone numbers,
*  All accounts have parts & service included, 
*  Most account are alarm customers but some are CCTV systems,
*  Most accounts has 2 to 4 years left on the original contract,
*  I use your contract from 8 or 10 years ago,
            I need to raise $200,000 to $250,000 to pay bills.  My question for you is what do you thing I can get as a multiple of RMR? 
Thank you,
Anxious Seller
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Response
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            Interesting proposition.  I am curious what the experts think about this kind of offering, so let’s hear from you.
            Here’s my take.  For starters you will lose a good part of the “buyers pool” because your unorthodox terms are outside the buyer’s guidelines or the buyer’s lender’s guidelines.  Because you want to select the accounts there may be no buyer; the accounts could have no value.  But if you are willing to meet certain criteria in your selection process, such as original contract term, current within 90 days, Kirschenbaum 
TM contract, customer for at least one year and a few other terms, your insistence of selecting the accounts will not cause a deduction in multiple if the buyer is willing to accept your other terms.  [and that’s a big if]
            Assuming you have a buyer, what would be the fair multiple?  16 times RMR.  How did I get to that number?  Because you have Kirschenbaum 
TM contracts I started with 35 times.  Here’s what your terms cost you:  
*  2x RMR for no guarantee
*  2x RMR for using gross, not net, RMR
*  5x because the accounts are not on your own line at the cs
*  5x RMR because the RMR includes repair service
*  5x RMR because your contracts are 8 or more years old
            You lose 19 times RMR, off the starting point of 35.  That leaves 16.  You want to raise $250,000 so you will have to assemble RMR of $15,625.00.  Better throw in a few more RMR to cover legal fees to do your deal and close.  
            That’s my analysis.  Any of the brokers have a different take?
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com