Decoding the Twitter V. Elon Musk Feud – What is the “Material Adverse Effect” Clause and What is it’s Impact on M&A Deals?
Mergers and Acquisitions (“M&A”) are strategic business collaborations that form an indispensable part of the corporate world. Parties have to mutually consent upon key terms and considerations regarding the target’s business before closing the deal. Legally speaking, the ongoing dispute between Twitter and Elon Musk (“Musk”) in the Delaware Chancery Court has given prominence to …
WHY IT’S IMPORTANT FOR COMPANIES NOT TO IGNORE INDIA’S ANTI-CORRUPTION AND RELATED LAW
Background Since the advent of globalization, enterprises have started engaging in increasingly complex cross-border transactions. In many cases, such mandates involve dealing, interfacing and obtaining approvals from government entities in foreign countries. So as to ensure transparency and fair play, governments the world over have enacted anti-bribery and anti-corruption legislations, many of which are extraterritorial …
Important Lessons for Private Equity and Venture Capital Investors in India
Typically, private equity and venture capital investors seek various contractual rights to protect their investments and secure their returns. In relation to private investments in public enterprises or PIPE deals, it becomes important for minority shareholders (including financial investors) to understand their statutory rights as listed below and ascertain whether their rights are well and …
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M&A TRENDS IN 2021 AND THE OUTLOOK FOR 2022
By: Akil Hirani, Head of the Transactions Practice & Managing Partner, and Rukshad Davar, Head of the M&A Practice, Majmudar & Partners, India
WILL THE CHANGES PROPOSED TO INDIA’S TELECOM SECTOR HAVE THE DESIRED EFFECT?
By: Akil Hirani, Managing Partner, Majmudar & Partners, India
Will pre-packages arrest delays and speed up distressed deals in India?
Background Micro, Small, and Medium Scale Enterprises (“MSMEs”) have faced a lot of hardships and financial stress during the Covid19 pandemic. The Indian government has taken several measures to mitigate their distress, including increasing the limit of the minimum amount that constitutes a default for the initiation of the Corporate Insolvency Resolution Process (“CIRP”) and …
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SHOULD INDIAN SECURITIES LAW SHIFT FOCUS FROM PROMOTERS TO PERSONS IN CONTROL?
Indian securities law has focussed on regulating, holding accountable and penalizing “promoters” as a result of concentrated family owned businesses which are largely prevalent in India. In this regard, the Securities and Exchange Board of India (the “SEBI”) defines a “promoter” to include any person: (a) who has been identified as a promoter by the …
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