In a previous note published earlier this month, we discussed certain common risks for foreign buyers in Indian M&A transactions and strategies to mitigate such risks.

Material adverse effect clauses are a key part of mergers and acquisitions contracts.

The recent controversies relating to Zee Entertainment and Dish TV both involve investors holding significant stakes attempting to convene general meetings of shareholders through which they seek to replace certain directors on the existing boards.

In November 2019, after reports of a large-scale financial scam, Dewan Housing Finance Corporation Ltd (DHFL) became the first non-banking financial company to be referred...

The Maharashtra Real Estate Appellate Tribunal ("MREAT") has passed an order dated August 13, 2024 ("Order") pursuant to which it has been held that a developer is not permitted to forfeit advance payments.

The Acquiring Shareholder is required to deposit at least 50% of the total consideration of the takeover offer in a separate bank account.

The Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 ("Insider Trading Regulations")

The Indian securities market regulator, the Securities and Exchange Board of India ("SEBI"), issued an administrative warning to One 97 Communications Limited ("OCL")...

In a world characterized by geopolitical shifts and heightened national security concerns, the realm of foreign investments is undergoing a profound transformation. Disruptive events, evolving alliances...

The Insolvency and Bankruptcy Code 2016, ("IBC") lays down the mechanism (through a corporate insolvency resolution process ("CIRP")) for insolvency and bankruptcy proceedings...

The need for addressing Environmental, Social and Governance ("ESG") related aspects, has never had more prominence than now. There is growing recognition of the financial and economic impacts of ESG risks across the globe.

Price adjustments in M&A transaction documentation enable parties to align the consideration originally negotiated at signing to the facts and circumstances existing at closing.

On April 17, 2020, the Department for Promotion of Industry and Internal Trade ("DPIIT") issued the Press Note No. 3 (2020 Series) ("PN3") with the primary...

The Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 provide for the various compliance actions and reporting requirements for entities who have listed equity shares ...

In the 2022 budget speech, the Finance Minister announced that data centres will be considered as "infrastructure" to facilitate credit availability.

A flawed title could adversely impact the validity and enforcement of security. For instance, proceedings under the

Secondment of employees, as an approach, has become a common practice followed by multinationals to utilize their skilled resources with an ambition of geographical expansion.

On June 27, 2024, the Board of the Securities and Exchange Board of India approved certain proposals to amend India's existing legal framework governing delisting of equity shares from public markets ("Proposed Amendments").

Companies are responding to rising global demands for environmentally safe products and sustainable practices.

As of December 2024, insolvencies in the real estate sector accounted for approximately 22% of admitted cases under the Insolvency and Bankruptcy Code, 2016 ("IBC"), making it second only to the manufacturing sector that accounted for 37% of admitted cases.