News & Analysis as of

Financing Due Diligence

Cadwalader, Wickersham & Taft LLP

Chasing the Clock, July 2025 - Need an Expedited Closing? Let’s Talk About It.

The growing need for quick capital in today’s fluid investing market has led to a recent trend of requests for expedited closings with aggressive timelines and inflexible targeted closing dates. While banks certainly strive...more

Whiteford

Private Company M&A - Reverse Diligence: Questions Sellers Should Ask of Bidders

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When selling a private company, Sellers understandably focus on providing bidders with a comprehensive data room packed with detailed documents and information about every aspect of their business. They expect bidders to pore...more

Frost Brown Todd

Integrating Sale-Leaseback Transactions with Mergers and Acquisitions: A Value-Maximization Strategy

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When business owners contemplate transitioning to their next venture or life phase, strategically combining a sale-leaseback transaction with a merger and acquisition (M&A) deal can unlock substantial value and optimize...more

Goodwin

Crafting a Competitive LOI in Lower Middle Market M&A

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In the lower middle market — typically deals between $10 million and $100 million — the letter of intent (LOI) serves as a pivotal document that sets the tone for the transaction, shapes the seller’s expectations, and...more

Mayer Brown

Section 363 Sales Considerations

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Distressed entities seeking to sell assets often encounter commercial and legal challenges related to existing claims or resistant constituents. One possible solution to those challenges is to sell assets in bankruptcy...more

Levenfeld Pearlstein, LLC

Valuation Trends, Buyer-Seller Dynamics, and Advice for Sell-Side Businesses: A Conversation with Michael Norton of Houlihan...

Below is part 2 of his conversation with Michael Norton, Director of Business Development at Houlihan Capital, a solutions-driven valuation, financial advisory, and investment banking firm. In this Q&A, Michael delves into...more

Hahn Loeser & Parks LLP

Growing Your Closely Held Business Through Acquisition: Making the Winning Bid

Successful business owners know one tried-and-true method to grow and scale is through acquisition. In today’s competitive and complex marketplace, the competition is fierce for businesses with a proven track record and the...more

Epstein Becker & Green

Important Negotiating Points in Commercial Real Estate Purchase and Sale Contracts Negotiating the Letter of Intent

In our latest upcoming series of blog posts, we will look at several key points to consider when negotiating commercial real estate purchase and sale agreements from the perspectives of buyers and sellers....more

Levenfeld Pearlstein, LLC

What to Expect When Selling a Business: A Conversation with Jordan Gerber at Caber Hill Advisors

Below is his conversation with Jordan Gerber, a Managing Director at Caber Hill Advisors, an M&A advisory firm that focuses on helping privately-held, middle-market businesses transact with strategic or private-equity-backed...more

Vinson & Elkins LLP

[Webinar] Powering Texas: Roadmap for Structuring Bankable TEF Projects - October 9th, 1:00 pm - 2:00 pm ET

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Join us as we explore the intricacies of developing government-funded projects, with a focus on the Texas Energy Fund (TEF) loan program. Vinson & Elkins’ finance, project development, construction, and regulatory lawyers...more

Cadwalader, Wickersham & Taft LLP

Liquidity in a Challenging Climate May 2024 - Financing a Continuation Vehicle – Lender Considerations

A continuation fund is an entity fund set up by a sponsor in order to purchase an asset (or assets) from an existing fund managed by that sponsor. There are a number of reasons as to why a sponsor would want to pursue this...more

Ankura

How Will the Mass Claims Landscape Change? 9 Observations From Mr. Bates v the Post Office

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The on-screen retelling of the biggest miscarriage of justice in UK legal history has had dramatic effects off-screen, offering important lessons to anyone who may be thinking about class actions. Robert Jones, Satinder...more

Cadwalader, Wickersham & Taft LLP

Shining a Light on “Security-Lite” March 2024 - Shining a Light on European “Security-Lite” Financings

NAV facilities come in all shapes and sizes and, unlike subscription facilities, there is no standardised collateral package for these kinds of transactions. In the European market, many lenders - particularly investment...more

Cadwalader, Wickersham & Taft LLP

Teaming Up for Term Loans February 2024 - Luxembourg and the Cayman Islands: A Comparative Analysis of Two Leading Fund Finance...

Luxembourg and the Cayman Islands are two of the world’s leading fund formation jurisdictions, and account for a large portion of the private equity funds domicile market. Most private equity fund structures are comprised of...more

Paul Hastings LLP

Financing the Middleman: Traps for the Unwary When Financing an Intermediary Business

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Lenders relying on a security interest in the accounts receivable of borrowers need to use caution when financing an intermediary business that could be subject to express or constructive trusts. If an intermediary business...more

Lippes Mathias LLP

Venture Capital: A Primer

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Venture capital (VC) is a form of private equity and a type of financing where investors invest in early-stage companies which they believe to have long-term, highgrowth potential. Accredited investors, family offices,...more

Awatif Mohammad Shoqi Advocates & Legal...

What are the conditions to purchase a property in the UAE?

The UAE is a popular destination for real estate investment due to its booming economy, attractive tax benefits and stable political environment. Purchasing a property in the UAE can be an attractive investment opportunity...more

Conn Kavanaugh

Here Comes the Sun: Common Considerations for Solar Installation Agreements

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In recent years, environmental concerns, skyrocketing electricity costs, and tax incentives have led to a boom in both residential and commercial use of solar panels. Stated differently, the masses have flocked to solar not...more

Sullivan & Worcester

“What to do if things start to go wrong in a Trade, Export or Project Finance Transaction”

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Jacqueline Cook, Of Counsel, sums up the key messages from Sullivan’s May webinar. Geoffrey Wynne considered what financiers could do if things start to go wrong in a trade, export or project finance transaction and...more

Mintz Edge

Extending for Success: The Rising Trend of Extension Rounds and the Importance of Due Diligence

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Venture capital investment in United States startups is projected to decline in 2022 by over one-third from 2021 levels. And while down rounds remain infrequent relative to historical trends, there has been a notable upward...more

Miles & Stockbridge P.C.

Environmental Due Diligence Requires Reporting of Oil Contamination to the Maryland Department of the Environment

In a significant regulatory change that will impact real property transactions and loan financings, the Maryland Department of the Environment (MDE) joins a handful of states that requires the reporting of historical...more

McDermott Will & Emery

[Event] HPE Miami 2022 - March 9th - 10th, Miami Beach, FL

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Join us in person on Miami Beach for exclusive networking and to hear from leading investors helping shape the future of healthcare private equity. The annual HPE Miami event features a world-class faculty, offers creative...more

Sullivan & Worcester

Can you make your trade finance transactions more secure with or without security?

Sullivan & Worcester on

In the latest edition of Sullivan's webinar series, Geoffrey Wynne, Head of the Trade & Export Finance Group at Sullivan's London office, discussed key aspects of structuring trade finance transactions, including best...more

UB Greensfelder LLP

[Webinar] Environmental Due Diligence for Real Estate Transactions - June 10th, 2:00 pm - 3:00 pm EDT

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Join Ulmer attorney David A. Meyer as he takes a deep-dive into environmental due diligence for real estate transactions, covering topics including why prospective purchasers and tenants conduct environmental due diligence,...more

Hogan Lovells

Subscription line fraud and its impact on private equity

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Those involved in the private equity industry will have seen the recent reports of an alleged fraud on a U.S. bank by a Florida-based private equity fund manager, the accusation being that subscription agreements with LPs, as...more

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