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PE groups are sitting on 28,000 unsold companies worth more than $3tn. Deal activity is expected to increase in 2024. How do you ensure you achieve the expected returns?

With the increasing level of investment in emerging companies, entrepreneurs are being presented with a wider range of financing documents.

"Private credit managers are facing increased competition from investment banks, leading to a renewed availability of alternative options for larger borrowers who haven't had such choices for the past 18 months.

Project, Energy and Infrastructure Finance partner Dan Bartfeld and Capital Markets partner Marcelo Mottesi—co-heads of the Latin America practice—as well as Corporate/M&A partner

Darío Avram is a partner in MoFo's Finance and Private Equity Buyouts & Investment Group. His practice focuses on representing private equity sponsors and their portfolio companies...

The prior discussion, Determining a Remedy After Oppression or Breach of Fiduciary Duty (Part 4), presented a listing of the potential remedies on a finding of a breach of duty and oppression.

In a seven-part series of The Proskauer Benefits Brief, partners Michael Album and Josh Miller discuss the nuts and bolts on a management buyout.

In the high-stakes world of bankruptcy asset acquisitions, Bankruptcy Code Section 363 provides a powerful mechanism for purchasing assets "free and clear" of most claims, liens, and encumbrances.

On August 14, 2020, United States District Judge Katherine Polk Failla of the United States District Court for the Southern District of New York...

As the fog of the recent economic recession continues to lift, many community banks that have weathered the storm are shifting from a defensive-minded strategy to an offensive one, which in many cases focuses on the acquisition of another institution.

We conducted an informal, small-scale survey during March to May 2023 to gather insights from prominent non-bank lenders on their activity over the past...

A recent decision from the Southern District of NY may reopen a door which many had believed was all but closed for disgruntled creditors seeking to challenge failed LBOs as fraudulent conveyances.

On February 5, 2020, the Court of Chancery, in Martin v. Harbor Diversified, Inc., 2020 WL 568971 (Del. Ch. Feb. 5, 2020), rejected a plaintiff's petition for attorneys' fees because the related lawsuit was motivated by ...

Representation and warranty insurance ("RWI") has become a "must have" for many US and European private equity sponsors looking for a remedy solution where there is no or limited post-closing recourse to sellers.

Recent years have been marked by low interest rates and a highly liquid loan market, creating a very favorable environment for leveraged loans used to fund mergers and acquisitions, sometimes in conjunction with large one-time dividend payouts.

You have found a business you want to buy. The seller has an existing SBA loan with a solid interest rate, and the idea of simply stepping into their shoes — taking over the loan along with the business — sounds...

In the middle of 2023, we conducted an informal, small-scale survey to gather insights from prominent non-bank lenders on their activity in the net asset value (NAV) lending market for the first half of 2023.