Mergers & Acquisitions A Texas Firm Founded on Talent & Dedication

Mergers & Acquisitions Attorney in Midland, TX

One Attorney. Cross-Practice Depth for Permian Basin M&A.

Buying or selling a business in Midland involves more than a handshake and a wire transfer. Deals here often involve energy assets, oilfield service operations, or mineral interests that carry regulatory obligations most transactional attorneys don’t anticipate. At The Stuart Firm, attorney Caleb Stuart handles M&A transactions with a State Bar of Texas listing that spans Business, Contracts, Oil Gas and Energy Resources, Commercial Litigation, and Environmental. That cross-practice depth lives in one attorney who works directly with you from term sheet to closing.

Caleb Stuart has negotiated multi-million-dollar transactions and represented Fortune 500 companies and individuals in both transactional and litigation matters. The Stuart Firm serves clients at every stage of a business’s lifecycle, from early formation through complex acquisitions. Initial consultations are available by phone or Zoom, and the firm serves Spanish-speaking clients.

If you’re buying or selling a business in Midland, TX, contact The Stuart Firm to schedule a consultation with Caleb Stuart at (432) 284-4411.

M&A Services for Buyers & Sellers

Any transfer of business assets requires careful legal oversight to navigate regulatory requirements and protect your position at the table. The Stuart Firm handles purchase agreements, sale agreements, and the full range of transactional documents on both the buy side and sell side. We can assist on a single-transaction basis or provide ongoing advisory support as your business needs evolve.

Our M&A representation covers:

Transaction structuring: Evaluating whether an asset purchase or equity purchase best serves your liability exposure, tax position, and contract assignability needs
Letter of intent review: Identifying binding provisions and protecting your position before definitive terms are set
Due diligence support: Reviewing financials, existing contracts, liabilities, real property, and regulatory compliance, including energy asset schedules and Railroad Commission permits for Permian Basin transactions
Definitive agreement drafting and negotiation: Purchase price mechanics, representations and warranties, indemnification, and conditions to closing
Post-closing obligations: Transition services, earnout provisions, non-compete covenants, and escrow arrangements that extend beyond the closing date

Why Permian Basin M&A Requires Energy-Sector Depth

An acquisition of an oilfield service company, royalty interest, or business with surface rights in Midland, TX doesn’t fit neatly into a standard transactional checklist. Railroad Commission permit reviews, surface use agreement analysis, joint operating agreement assignments, and operator approval requirements can all surface during due diligence. If your counsel doesn’t know to look for them, they can become post-closing surprises.

Caleb Stuart’s State Bar listing includes Oil Gas and Energy Resources and Environmental alongside Business and Contracts. His work with oil and gas matters covers master service agreements, royalty divisions, breach of contract claims, and property issues. That background means the energy-specific provisions in your purchase agreement receive the same attention as the standard representations and warranties.

Direct Attorney Access Throughout Your Transaction

M&A deals move on deadlines. You need answers from the attorney who knows your file, not an associate relaying information. At The Stuart Firm, clients work directly with Caleb Stuart from start to closing. He provides regular updates and clear communication at each stage so you can make informed decisions without waiting for answers to filter through a chain of command.

Caleb Stuart earned his JD from Southern Methodist University Dedman School of Law and is admitted to practice in Texas and in the Western, Northern, Southern, and Eastern United States District Courts. The Stuart Firm is a member of the State Bar of Texas and the Midland County Bar Association. He has been recognized as a 2021 Elite Advocate and named to Trial Lawyers Top 40 Under 40 in 2020.

Schedule a Consultation with a Midland M&A Attorney

The time to involve legal counsel is before the letter of intent is signed, not after binding terms are on the table. Whether you’re negotiating the purchase of an energy services company or preparing a business for sale, The Stuart Firm offers initial consultations by phone or Zoom for buyers and sellers across Midland and the surrounding region.

Call us at (432) 284-4411 or reach out online to speak with Caleb Stuart about your transaction.

How a Texas M&A Transaction Unfolds

A business acquisition or merger moves through several phases, each with its own legal considerations. Understanding the sequence helps buyers and sellers know where risks arise and when legal review matters most.

The stages of a typical M&A transaction include:

Valuation and deal structuring: Determining whether the transaction will be structured as an asset purchase or an equity purchase, with different consequences for liability, taxes, and contract assignability under Texas law
Letter of intent: A framework document that sets price, structure, and key terms before the parties invest in full due diligence; some provisions, including exclusivity and confidentiality, may be binding at this stage
Due diligence: A review of the target business’s financial statements, contracts, employment matters, real property, litigation exposure, and regulatory compliance, with Midland acquisitions often requiring additional review of Railroad Commission permits and any environmental obligations tied to energy operations
Definitive agreement negotiation: Drafting and negotiating the purchase agreement, including representations and warranties, indemnification provisions, purchase price adjustments, and closing conditions
Signing and closing: Execution of final documents and transfer of consideration, with attention to any third-party consents or regulatory filings required to complete the transfer
Post-closing obligations: Earnout payments, transition services agreements, non-compete enforcement, and escrow releases that continue after the deal closes

Texas law governs the formation and transfer of business entities, including LLCs, corporations, and partnerships. Which entity structure is being acquired, and what liabilities transfer with it, is a threshold question that shapes the entire transaction.

What Buyers & Sellers Should Know Before Closing

Buyers and sellers each carry distinct responsibilities heading into a deal. Knowing your position early reduces the risk of surprises at the closing table.

For Buyers

Thorough due diligence before committing to a purchase price helps address undisclosed liabilities, contractual obligations that survive closing, and regulatory compliance gaps that fall to the new owner. In Midland’s energy-driven economy, buyers acquiring oilfield service businesses or companies with mineral or surface interests should account for industry-specific contract terms, including indemnification structures common in master service agreements and preferential purchase right provisions that can affect deal certainty.

The choice between an asset purchase and an equity purchase carries real consequences. Asset purchases generally allow buyers to limit which liabilities they assume. Equity purchases transfer the entire legal entity, including its history. That decision warrants legal review before the letter of intent is signed.

For Sellers

Sellers benefit from identifying deal risks early. Unresolved contract disputes, missing corporate records, or outstanding regulatory filings can slow a transaction or reduce the purchase price once a buyer’s counsel finds them during due diligence. Preparing a clean, organized data room signals a well-run business and can reduce friction in the negotiation.

Sellers should also understand which representations and warranties they’re making in the purchase agreement and what indemnification obligations may survive closing. Texas franchise tax status, existing employment agreements, and non-compete arrangements are among the business-specific factors that affect deal structure and value in any Texas M&A transaction.

Why Hire The Stuart Firm?

Setting the Bar High for Our Clients

Experienced in the Courtroom
Client-Focused Representation
Aggressive & Compassionate Representation
Serving Spanish-Speaking Clients
Over the Phone & Zoom Consultations Available

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We understand that the disputes facing you, your family or your business can seem daunting. It is our goal to put you at ease.

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