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Global Private Equity Watch Blog

Articles: 11-20 of 122

How Anti-Assignment Workarounds Work (or Not)

United Kingdom - May 2 2018 There are three basic structures that private equity buyers utilize in acquiring a target business, each of which has several possible variations of…

Usury Bites—A Refresher on an Easily Overlooked Issue in the Restructuring and Private Equity Arenas

USA - April 18 2018 For millennia usury (defined as any interest on a loan, not just interest above some prescribed rate) was condemned as immoral in almost every culture…

Leveraged finance 1Q 2018 market update: continued sponsor friendly terms, including for delayed draw term loans

USA - April 11 2018 As the leveraged lending market remained strong in the first quarter of 2018, the market saw increasingly favorable terms for financial sponsors and…

Monitoring SEC Compliance with Equity Issuances to Employees

USA - April 9 2018 A recent SEC order serves as a reminder to private equity sponsors to ensure that their portfolio companies monitor compliance with Rule 701 of the…

DOJ Intervenes and Files Complaint in False Claims Act Suit Against Private Equity Firm and Others Based on Portfolio Company’s Alleged Illegal Kickback Scheme

USA - April 2 2018 On February 16, 2018, the United States Department of Justice (“DOJ”) filed a complaint in intervention in a False Claims Act (“FCA”)

How a 12 Month Survival Period Can Become A Lot Longer (or Not)—the Required Notice of Claim

United Kingdom, USA - March 22 2018 Private equity sellers and buyers carefully negotiate the time periods during which post-closing indemnification claims may be made in the acquisition…

Exit Strategies: IPOs versus SPACs

USA - March 19 2018 During the last several years SPACs have gone mainstream with brand name private equity sponsors raising SPACs and brand name private equity sponsors…

Supreme Court Rejects 546(e) Safe Harbor for “Conduit Transactions”

USA - March 8 2018 Last week, in Merit Management Group, LP v. FTI Consulting, Inc.1 the Supreme Court settled a split in the circuit courts, unanimously holding that…

Representation and Warranty Insurance - To Insure, or Not to Insure, That is the Question

USA - March 5 2018 In today’s competitive, seller-friendly M&A environment, buyers are often left with the choice to insure using representation and warranty insurance…

Comptroller of Currency’s Comments Sow Further Doubt in Leveraged Lending Guidance

USA - March 2 2018 Joseph Otting, President Trump’s pick for the head of the Office of the Comptroller of the Currency (the “OCC”) who was confirmed in November, has…