News & Analysis as of

Debt Financing

Proskauer - Regulatory & Compliance

UK Change in Control Regime – New Guidance published by the FCA and PRA

In the United Kingdom, prior approval must be obtained from the Financial Conduct Authority (the “FCA”) or the Prudential Regulation Authority (the “PRA”) prior to becoming a “controller” of an FCA or PRA authorised firm (an...more

Latham & Watkins LLP

Latham Texas Private Funds Breakfast Series Fund Portfolio Company Finance

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This fall, Latham’s Investment Funds Practice provided guidance on financing options and considerations for funds and portfolio companies in the second installment of the Private Funds Breakfast Series. The quarterly series...more

Bennett Jones LLP

Navigating the Shifting Landscape of Debt Financing in Private Equity

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In recent years, the landscape of mergers and acquisitions (M&A) financing in private equity (PE) has experienced significant changes. Rising costs of debt and fluctuating availability have compelled PE firms to reassess...more

White & Case LLP

PIK a pocket or two?

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The macro-economic landscape of recent years, marked by rising interest rates and inflationary pressures, has significantly escalated borrowing costs in the European mid-market. This has prompted borrowers to explore...more

Dechert LLP

International Comparative Legal Guide – Private Equity 2024

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For the sixth consecutive year, Dechert is the contributing editor of the International Comparative Legal Guide - Private Equity. The guide, now in its tenth edition, is one of the most comprehensive comparative guides to...more

Proskauer - Health Care Law Brief

AB 3129 Passes California Legislature, Targeting Private Equity Health Care Transactions and Granting AG Consent Right

On August 31, 2024, the California State Assembly and State Senate passed Assembly Bill 3129 (“AB 3129”). If signed by Governor Newsom, AB 3129 would establish a comprehensive transaction review law that (i) targets private...more

WilmerHale

Royalty Financings and Similar Revenue Monetizations Surge in Difficult Life Sciences Fundraising Environment

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Many biopharmaceutical companies are facing challenges raising cash through traditional equity markets. While venture investment activity saw a slight increase in the first half of 2024 as compared to the equivalent period in...more

White & Case LLP

High yield issuance climbs, but markets still seek direction

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High yield activity in the US, Europe and APAC revives after a tricky period, but markets remain uncertain moving into the final months of 2024 High yield bond issuance across the US, Europe and APAC rallied in H1 2024....more

Cozen O'Connor

Forming a Partnership/LLC: A Checklist for Avoiding Pitfalls

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Forming a partnership1 without triggering income appears straightforward and simple. In many cases, it is. In other cases, though, forming a partnership can cause one or more partners to unintentionally recognize income. This...more

Holland & Knight LLP

Gobierno Nacional propone que personas naturales puedan acceder a financiación colaborativa

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El Ministerio de Hacienda y Crédito Público de Colombia presentó un proyecto de decreto para permitir el acceso de personas naturales a financiación colaborativa para sus proyectos productivos, a través de la emisión de...more

Latham & Watkins LLP

Restructuring Plans and the Price of Dissent

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Despite three recent landmark UK restructuring plan decisions, uncertainty remains around the value, if any, a plan company should offer dissenting creditors as the “deliverability price” of a plan....more

Akin Gump Strauss Hauer & Feld LLP

Treasury Issues Proposed Regulations Prohibiting Certain US Investment in Chinese Technology Companies

The Notice of Proposed Rulemaking (NPRM or the Proposed Rule), issued by Treasury on June 21, 2024, would implement President Biden’s August 9, 2023, Executive Order on outbound investment, which addresses concerns related to...more

Morrison & Foerster LLP

Highlights on the Reality in the Middle Market Today

On May 7, 2024, Morrison Foerster’s New York City office co-hosted a Private Markets Pop-Up with Kayo Conference Series, an event that brought together professional women across the private credit and private equity markets...more

White & Case LLP

Charting a path for European carve-outs

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As central banks continue their campaign to cool inflation, interest rates remain at elevated levels not seen in well over a decade. For companies, this makes funding growth initiatives and refinancing existing debt much more...more

Tonkon Torp LLP

Covenants in Development Financing – What to Expect

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Loan financing is a cornerstone of real estate development. It’s a rare project that has captive capital to finance the entire project, and many investors expect that their contributions will be leveraged with debt financing....more

Proskauer Rose LLP

Approaching Secondaries Financing from All Angles: Key Considerations for Debt in LP-Led and GP-Led Secondary Transactions

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Debt finance plays a key role in all parts of the capital structure for private investment funds and their investors.  In particular, the use of debt finance is an increasingly important component of secondary transactions,...more

White & Case LLP

Proposed Directive Pertaining to Loss Absorbency Requirements Published for Comment

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On 26 March 2024 the Prudential Authority published, for public comment, the revised proposed directive on loss absorbency requirements for banks, bank controlling companies and branches of foreign institutions under...more

Vinson & Elkins LLP

Q1 2024 Sustainable Debt Finance: Trends and Opportunities in an Area of Accelerated Growth

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While 2022 showed that the sustainable debt market is not impervious to overall economic slow-down (particularly in the capital markets), 2023 demonstrated its resiliency, even in a high-interest rate market. Notwithstanding...more

DarrowEverett LLP

Venture Debt: Down Round Protection Without Triggering Downside Provisions

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There is increasing chatter in the startup and investor space surrounding venture debt. It is not at all surprising that as the availability of ready capital has contracted considerably over the past two years, debt and...more

Strafford

[Webinar] Financing-Related Provisions in Acquisition Agreements - March 13th, 1:00 pm - 2:30 pm EDT

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This CLE course will provide an overview of critical financing-related provisions in acquisition agreements from multiple perspectives and provide a conceptual understanding of how the provisions in question interplay with...more

White & Case LLP

Private Capital – Outlook for 2024

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A subdued 2023 is in the rear-view mirror but the outlook for 2024 is positive – how do Private Capital players in Australia optimise their chances of deal success in 2024? On both sides of the M&A equation – Private...more

Allen Matkins

Judge Rules That "Repaying Matured Debt Is Not A Breach" - So Why Is This Case Interesting?

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Typically, one would expect a lender to argue that a borrower was in breach for failing to repay a note on or after its maturity date.  However, a friend recently alerted me to a case in which the lender argued that the...more

White & Case LLP

Getting deals done despite the odds

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M&A, debt finance and investment fund actors seek alternative routes to dealmaking in the face of a dim macroeconomic outlook - The past two years have witnessed significant geopolitical fracturing and macroeconomic...more

White & Case LLP

Taiwan: Adapting to ongoing macroeconomic and regulatory uncertainty

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The past two years have witnessed significant geopolitical fracturing and macroeconomic difficulties that continue to hamper certain dealmaking. Several sectors have posted transactional lows throughout 2023, and persistent...more

White & Case LLP

Investing in India

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What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100...more

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