Strategic Briefing

A divestiture lives or dies on the Microsoft contract that goes with it.

Microsoft licensing is rarely the headline issue in a divestiture, and almost always the one that lands late, costs the most to fix, and erodes the value of the divested asset. The playbook below is what we run for sellers planning a separation twelve to thirty six months ahead of close. Carve out planning, transition services, license assignment, and the structural protections that determine the value of the divested asset.

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Why this matters

The seller carries two contracts across the close date.

Until close, the Microsoft EA or MCA E covers both the retained business and the divested unit. After close, the contracts diverge. The seller often retains the original master agreement and inherits the cost of any unused entitlements that previously belonged to the divested business. The buyer often signs a new agreement at standalone economics, which is materially worse than the consolidated pricing the divested unit benefited from before separation. The playbook is built to compress this transition cost on both sides and to extract value where the Microsoft account team is most willing to concede.

Eight playbook phases

How the practice runs a divestiture from licensing perspective.

Phase 01
T minus 18 to 12 mo

Inventory the divested footprint.

Every user, server, and Azure subscription that belongs to the divested unit needs a definitive line in the carve out inventory. The inventory is the single most important artifact in the playbook because Microsoft's deal desk will only concede on what is documented.

Phase 02
T minus 12 mo

Model the post separation economics.

Two financial models in parallel. The retained business at the new smaller footprint. The divested unit at standalone economics. The delta between consolidated and standalone pricing is the cost the deal needs to absorb or recover from the buyer.

Phase 03

Negotiate contract bifurcation with Microsoft.

The seller approaches the Microsoft account team with a defined ask. Either split the existing contract into two, transfer specific entitlements to a new buyer contract, or hold the divested unit on a transition services agreement for a defined window. The choice depends on buyer profile and timing.

Phase 04

Build the transition services schedule.

The TSA documents which Microsoft services the seller continues to provide to the divested unit, for how long, and at what cost. Microsoft licensing inside a TSA is one of the most contested elements of post close TSA negotiation. Specificity protects both parties.

Phase 05
Close minus 90 days

Lock license assignment mechanics.

Microsoft licenses do not transfer automatically. The assignment instrument has to be drafted, executed, and acknowledged by Microsoft. Without it, the divested unit operates without licenses on day one of independence and exposes itself to audit risk immediately.

Phase 06

Stage the Azure tenant separation.

Tenant separation is the most operationally demanding element of the divestiture. New tenant provisioning. Data egress. Identity migration. Backup and recovery realignment. The Azure playbook overlaps with the licensing playbook but is sequenced ahead of it.

Phase 07

Right size the retained agreement.

After close, the retained business carries the original master agreement with a smaller user count and a smaller Azure consumption profile. The next renewal needs to capture the right size economically rather than perpetuating the pre divestiture footprint at full price.

Phase 08
Close plus 12 mo

Validate audit posture on both sides.

Divestitures attract audit attention. Microsoft compliance teams know that separations create reconciliation errors. The post close audit posture review identifies and closes the reconciliation issues before they become formal findings.

Where value leaks

The four points where divestiture value is most often lost.

Leak 01
License double payment during TSA. The seller continues to pay for entitlements assigned to the divested unit, the buyer simultaneously pays for replacement entitlements at standalone pricing, and neither side has the contractual basis to recover the overlap.
Leak 02
Inherited shelfware on the retained side. The retained business carries the original quantity profile but no longer has the headcount to consume it. The next renewal is the only opportunity to true down, and Microsoft resists the true down aggressively.
Leak 03
Standalone uplift on the buyer side. The divested unit signs its first independent Microsoft agreement at standalone economics that bear no resemblance to the bundled pricing it used to receive. The economic shock distorts the buyer's first year financials and contaminates the buyer's view of the asset value.
Leak 04
Azure orphaned consumption. Workloads continue to run in the seller's Azure tenant after close because tenant separation slipped. Consumption keeps accruing to the seller, which becomes a contested invoice line and a TSA dispute within ninety days of close.
Negotiation posture

What Microsoft's deal desk will and will not concede.

Microsoft's account team is constrained by deal desk rules that reflect Microsoft's view of where divestitures create or destroy revenue. Knowing the rules lets the seller ask for what is achievable and not waste leverage on what is not. The practice runs the negotiation against this posture map rather than against the account team's first response.

Concedable

Contract bifurcation at anniversary.

Microsoft will generally agree to split an EA at the natural anniversary date with a corresponding adjustment to user counts and Azure commit. The conversation is administrative rather than commercial when sequenced correctly.

Concedable

Transition pricing for the divested unit.

Microsoft will offer the divested unit a defined pricing transition that bridges from consolidated to standalone economics over twelve to twenty four months. The bridge is the most valuable concession the seller can secure for the buyer.

Negotiable

True down on the retained side.

Microsoft resists mid term true down but will concede a partial true down at the natural anniversary following close. The right size needs to be quantified, documented, and presented against the post separation consumption baseline.

Not concedable

Retroactive credit for overlapping period.

Microsoft will not credit the seller for entitlements that were paid for but unused during the TSA window. The protection has to be built into the original contract structure or recovered from the buyer through the asset purchase agreement.

The TSA Microsoft schedule

What goes into the transition services Microsoft schedule.

Section 01
Service inventory. The complete list of Microsoft licensed services the seller continues to provide to the divested unit. Each entry names the SKU, the user count, and the period of service.
Section 02
Cost basis. Whether the divested unit pays consolidated pricing, standalone pricing, or pass through cost. The cost basis is one of the most commonly disputed elements of a post close TSA dispute.
Section 03
Term and step down. The TSA defines an end date for each service and a step down schedule that reduces seller obligations over time. The step down protects the seller from indefinite TSA extensions.
Section 04
Compliance and audit. The TSA defines which party carries audit responsibility for the licensed services during the TSA window. Ambiguity here creates real exposure for the seller, the buyer, or both.
Section 05
Exit. The TSA defines the conditions under which services terminate, the data egress commitments, and the residual obligations that survive termination. The exit clause is the most negotiated element of the schedule.

Run the divestiture playbook eighteen months ahead of close.

The practice has supported divestiture programs across financial services, manufacturing, and pharmaceutical sellers. We run the playbook against the deal in front of you and quantify the value at stake.

Related work

Where this connects.