Indira Gillingham, senior manager, and Mike Stimpson, senior manager at Deloitte Consulting LLP, provide practical advice on using ASD to achieve a quick and clear separation. An ASD can expedite the negotiation process and financial conclusion by allowing the agreement to be reached without waiting for the buyer to assume responsibility for all critical support services. A Transitional Service Agreement (ASD) offers significant benefits when used wisely, such as. B faster conclusion, smoother transition, lower transition costs, better end-of-life solutions and clean separation. However, divestitures that distort the TSA can take much longer than expected. Technology providers may need special educational treatment. Unlike other sectors, technology companies generally have a large footprint of third-party applications and infrastructure and can rely heavily on external technology providers to bring their products to market. In typical divestitures, some technology providers tend to have greater bargaining power, making it difficult to separate contracts. By citing problems with the implementation of contractual amendments and administrative overheads, suppliers may delay the granting of transitional rights, duplication and transfer, or insist on the purchase of temporary licences in support of the Interim Service Agreement (ASD).

Companies tend to underestimate interoperability and external dependencies, as well as the costs associated with managing the contractual burden. To optimally manage these complexities, contract separation efforts must be initiated at an early stage in the divestment process, using the right supplier and client management teams, the legal and functional teams that allow for their own DivestCo agreements for the first day. It is therefore important that the workflow of contract separation follows all the reactions of suppliers and customers, that it continues and that it intensifies as needed. If properly planned and executed, all relevant contracts are awarded, duplicated or ready to activate transition services as intended. If the contract separation process is delayed and delayed in completing major steps, this can have significant negative consequences on the structuring of transition service agreements (Transition Services Agreement, Timing of Exit, Synergy Delivery and third-party relationships). The use of the reference procedures described above can help streamline the process and optimize the resource load throughout the lifecycle of the agreement. The proactive involvement of the right stakeholders at an early stage of the separation roadmap and milestones can be put in place by the parent company and DivestCo for cleaner separation, minimal top-down complexity during the ASD period and even, in some cases, an earlier exit from the ASD. Practical advice for using Transition Service Agreements (ASDs) to achieve a quick and clean separation.

To address these issues, organizations should give priority to these suppliers when contracts are generally separated and cooperate with representatives of the supplier`s accounts to ensure the necessary separation rights. The use of “transitional agreements,” where the parent company and suppliers agree to amend the contract to allow DivestCo to use the license seats or to use the services as a pass over the rest of the contract, is a possible option.