Close · Marketing Agencies

Independent Sponsor Seller Financing in Marketing Agencies

Independent sponsor counsel for marketing agencies, focused on Seller Financing and the deal mechanics that protect sponsor economics and LP alignment.

EV range $5M to $80M EV EBITDA $1.5M to $14M Audience Buy & Sell-side
The deal context

An independent sponsor closing marketing agencies transactions in the $5M to $80M EV range has a defined set of moves at the Seller Financing stage. Most of them are not in a generic M&A textbook.

The typical marketing agencies platform sits at $5M to $80M EV with EBITDA in the $1.5M to $14M range. The thesis runs on specialty agency or holdco platform with bolt-ons. If the founder leaves, half the agencies in the market lose 25% of revenue. Structure for that.

The moves

How Seller Financing actually gets structured.

  1. Anchor seller notes at 5 to 15 percent of EV, with a 4 to 6 year term.

  2. Subordinate explicitly to senior and mezzanine debt with a clear standstill on default.

  3. Price interest at 6 to 8 percent, with cash pay or PIK depending on the senior package.

  4. Build prepayment optionality so refinancing flexibility is preserved.

  5. In marketing agencies, layer in client roster scrubbed for top-five concentration as part of the Seller Financing workstream.

The common mistake

Treating the seller note as a hand-shake. Sellers sue on notes more often than on equity disputes.

Jason's take
"A seller note is debt. Document it like debt. Service it like debt."
Jason Powell · Seller Financing
Capital after close

The deal is one thing. The capital that opens up after close is another.

Refinancing, recaps, growth rounds, and the right strategic conversation eighteen months early are all downstream of relationships that take years to build and minutes to use.

MONTH 18
Senior refi
MONTH 24
Dividend recap
MONTH 36
Growth equity
YEAR 4–5
Strategic exit
TALK TO JASON

An LOI on the desk, a marketing agencies target, and a Seller Financing question worth a real conversation.

Twenty minutes of practitioner-grade input from a securities attorney whose first move is to read the deal, not the engagement letter.