LOI · Specialty Distribution

Independent Sponsor Earnout Structures in Specialty Distribution

When the deal is specialty distribution and the question is Earnout Structures, the structure decisions in the first 30 days outlast the next five years. This is where Jason Powell works.

EV range $10M to $100M EV EBITDA $2.5M to $18M Audience Buy & Sell-side
The deal context

Earnout Structures on specialty distribution deals is one of those workstreams that looks routine on a checklist and decides outcomes in practice.

The typical specialty distribution platform sits at $10M to $100M EV with EBITDA in the $2.5M to $18M range. The thesis runs on vertical buy-up of niche product distributors. Most distribution multiples are wrong by half a turn until the rebate accounting gets normalized.

The moves

How Earnout Structures actually gets structured.

  1. Tie the earnout to gross profit or contribution margin, not revenue, to avoid sandbagging.

  2. Cap the earnout window at 24 months. Anything longer is a litigation risk.

  3. Build acceleration on a change of control or buyer-driven operational change.

  4. Name an arbitrator and the accounting standard in the agreement.

  5. In specialty distribution, layer in supplier reaffirmation letters before LOI signs as part of the Earnout Structures workstream.

The common mistake

Drafting the earnout in three paragraphs. Earnouts are the second-most-litigated provision in M&A.

Jason's take
"If the earnout could be measured by a teenager with a spreadsheet, you wrote it well."
Jason Powell · Earnout Structures
Capital after close

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

After close, the call list for refinancing, recapitalization, and growth equity gets short and known. Jason carries that list.

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 specialty distribution target, and a Earnout Structures 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.