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  • Article

    Legality Of The Leveraged Lending Guidance Is Questioned

    Senator Toomey is requesting the GAO ruling in order to require that the Leveraged Lending Guidance be resubmitted to the current Congress for review.
    United StatesFinance and Banking
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Are Former Shareholders Subject To Clawbacks When LBOs Fail?

    When a leveraged buyout goes bad and the company files for bankruptcy, can the bankruptcy trustee or creditors recover LBO payments made to the company’s former shareholders as fraudulent transfers?
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Kalish Mullen: "When It Comes To LBO Financing, Managers Must Leave Nothing To Chance"

    Partner Kalish Mullen discusses the current LBO financing market landscape, highlighting how strong market liquidity is creating opportunities for quality borrowers to negotiate better terms. He provides strategic guidance on key considerations for management teams navigating financing agreements in an environment of elevated borrowing costs and economic uncertainty.
    United StatesFinance and Banking
    McDermott Will & Schulte
    McDermott Will & Schulte
  • Article

    PIPE As Usual

    We’ve been thinking about whether the changes to Rule 506 offerings are likely to have any effect on the PIPE market.
    United StatesFinance and Banking
    Morrison Foerster
    Morrison Foerster
  • Article

    PE Continues To Evolve And Enhance The Add-On Acquisition Process To Maximize Returns

    By now, most of us involved in private equity scenarios are well aware of the significant upside potential that add-on acquisitions can bring when executed successfully—such as enhanced revenue growth, improved cost...
    United StatesCorporate/Commercial Law
    Riveron
    Riveron
  • Article

    Comptroller Of The Currency Announces That Leveraged Lending Guidance Is Not Expected To Be Changed

    On May 24, 2018, Joseph Otting, the comptroller of the currency, the principal regulator of all national banks, announced in a telephonic press conference ...
    United StatesFinance and Banking
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Milbank Advises On Sale Of All Shares In LAP Group

    The international law firm Milbank LLP advised capiton V GmbH & Co. Beteiligungs KG and several other sellers on the indirect sale of all shares in LAP GmbH Laser Applikationen and its subsidiaries to funds...
    United StatesFinance and Banking
    Milbank
    Milbank
  • Article

    On NPR: Why Lehman Still Exists 10 Years After Its Collapse

    Christopher Kiplok, counsel to the trustee in the liquidation of Lehman Brothers, was interviewed by NPR's Marketplace regarding the 10th anniversary of the collapse of Lehman Brothers.
    United StatesFinance and Banking
    Hughes Hubbard & Reed LLP
    Hughes Hubbard & Reed LLP
  • Article

    Shearman & Sterling Authors Acquisition Finance Chapter In Latin Lawyer's The Guide To Mergers & Acquisitions

    M&A activity in Latin America has grown significantly in recent decades, and deals are increasingly complex. As part of Latin Lawyer's The Guide to Mergers & Acquisitions
    United StatesFinance and Banking
    A&O Shearman
    A&O Shearman
  • Article

    Fintech Company Avoids Murky Regulatory Landscape By Being The First U.S. Fintech Company To Acquire A Regulated Bank

    For the first time, a U.S. fintech company is acquiring a regulated U.S. bank, which will give it access to a stable and cheaper source of funding – as well as a national bank charter.
    United StatesFinance and Banking
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Is Your Baby Your Buyer’s Collateral?

    Even before dealing with the intricacies of NDAs, employment offer letters, and stock restriction agreements, it is not unusual for founders to have already dreamt of an IPO.
    United StatesFinance and Banking
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Ohio Bank’s $728 Million Acquisition Expands Consumer Finance Footprint

    An Ohio-based bank holding company has announced a $728.1 million all-stock acquisition of a Maryland-based bank holding company, creating a combined institution with approximately $14 billion in assets. The transaction will push the acquirer over the critical $10 billion asset threshold, triggering direct CFPB supervision and additional regulatory requirements.
    United StatesFinance and Banking
    Sheppard
    Sheppard
  • Article

    Distressed Buyouts- How To Facilitate A Win-Win In A Losing Situation

    Many businesses are suffering through the current pandemic as well as the related and unrelated unstable economic conditions.
    United StatesCorporate/Commercial Law
    Rogoway Law
    Rogoway Law
  • Article

    The Life Aquatic: Anchors, Pilot Fishing And Pre-Sounding

    Have you noticed that most of the terms relating to contacting potential investors to gauge their interest in possible securities offerings take their inspiration from terms related to the sea?
    United StatesFinance and Banking
    Morrison Foerster
    Morrison Foerster
  • Article

    LPs Seek Ways To Share Profits In Continuation Fund 'Quick Flips'

    Investment Funds Chair Kari Harris recently spoke with Buyouts Insider about the possible changes limited partners are seeking related to continuation funds processes.
    United StatesFinance and Banking
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    The Times They Are A-Changin'

    As financial conditions tighten, the private market is receiving its fair share of media coverage.
    United StatesFinance and Banking
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    Milbank Advises On Groundbreaking Sharia'h-Compliant Aircraft Portfolio Acquisition And Financing

    LONDON, 20th September, 2019 — Milbank LLP advised NCB Capital and Dara Aviation Finance Limited (an entity established by NCB Capital) in relation to the acquisition ...
    United StatesFinance and Banking
    Milbank
    Milbank
  • Article

    Proskauer Advises American Realty Capital Trust On $2.95 Billion Acquisition By Realty Income

    Despite real estate investment markets that remain thin and volatile, this deal shows that many large REITs continue to have strong balance sheets and plenty of dry powder for significant investments and acquisitions.
    United StatesFinance and Banking
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Attacking LBO Payouts As State Law Fraudulent Transfers

    The United States Bankruptcy Court for the Southern District of New York (the "Court") in Weisfelner v. Fund 1 (In Re Lyondell Chemical Co.), 2014 WL 118036 (Bankr. S.D.N.Y. Jan. 14, 2014) recently held that the safe harbor provision of 11 U.S.C. § 546(e) did not bar unsecured creditors from seeking, under state fraudulent transfer law, to recover payouts made to former shareholders of a company acquired in a leveraged buyout.
    United StatesFinance and Banking
    Sheppard
    Sheppard
  • Article

    Private Equity Deal Financing – How Are Sponsors Adapting To Changing Debt Dynamics?

    With the debt markets tightening in response to rising interest rates and economic volatility, Ropes & Gray partners Michael Lee, David Hutchins, Patrick Dorime and I have examined how private equity...
    United StatesFinance and Banking
    Ropes & Gray
    Ropes & Gray
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