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Mergers Acquisitions Change in Control

Fenwick & West LLP

New Regulatory Challenges for Private Equity and Hedge Fund Healthcare Transactions: Understanding the Impact of California’s AB...

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California’s healthcare ecosystem may soon experience significant regulatory changes as Assembly Bill 3129 (AB 3129) heads to Gov. Gavin Newsom's desk for approval....more

Holland & Knight LLP

California Ends the Legislative Session with Expanded Reporting Requirements, Less Clarity

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Amendments made by the California Office of Health Care Affordability (OHCA) to its cost and market impact review (CMIR) regulations became effective on Aug. 22, 2024, and serve to expand the scope of the Health Care Quality...more

Bressler, Amery & Ross, P.C.

NY DFS Addresses the Definition of “Control” in Insurance Acquisitions/Investments

On April 19, 2022, The New York Superintendent of Financial Services, noting the increase in the number of insurance company mergers and acquisitions in recent years, issued Circular Letter No. 5 (guidance) to educate...more

Dorsey & Whitney LLP

The UK National Security and Investment Act 2021: A New Regime For Acquisition and Investment Transactions: Update

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There have been a number of key developments in the evolution of the UK’s national security regime since our e-bulletin earlier this year (UK to Adopt New Powers Over M&A Activity To Protect National Security). First and...more

Lathrop GPM

Considerations for Businesses with Outstanding PPP Loans in M&A Transactions

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On October 2, 2020, the U.S. Small Business Administration (the “SBA”) issued Procedural Notice (5000-20057), titled “Paycheck Protection Program Loans and Changes of Ownership” (the “Notice”). The Notice sets forth the steps...more

Farella Braun + Martel LLP

M&A Deals and PPP Loans: Unexpected Parties in Your Deal

The Payroll Protection Program has been a lifesaver to many businesses this year, but its quick roll out, and many generous features (including potential forgiveness) could tempt a borrower to treat the PPP as something less...more

Miles & Stockbridge P.C.

Don’t Short-Change, Change in Control Filings

Miles & Stockbridge P.C. on

Most state mortgage finance, consumer credit, collection agency, sale finance, and money service business licensing laws have a provision that dictates what needs to be done or what needs to be filed in connection with the...more

Miller Canfield

Strategies to Reduce the Impact of the New SBA Procedural Notice on the Rights of a Secured Lender

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In the SBA Procedural Notice dated October 2, 2020 (the “Approval Notice”), the Small Business Administration (“SBA”) has issued mandates that may impact the ability of a recipient of a Paycheck Protection Program (“PPP”)...more

Parker Poe Adams & Bernstein LLP

SBA Releases Long-Awaited Guidance on M&A Rules for Paycheck Protection Program Borrowers

The Small Business Administration (SBA) recently released a procedural notice concerning when a borrower of a Paycheck Protection Program (PPP) loan may forgo SBA approval in connection with a merger or acquisition. The...more

BCLP

Buyers’ obligation to assume PPP debt hinges on need for SBA approval

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The Small Business Administration recently published a procedural notice on changes of ownership for PPP borrowers. One specific area where we’ve seen confusion is whether the procedural notice requires a buyer to assume all...more

BCLP

Four Things You May Have Missed about the PPP Change of Ownership Notice

BCLP on

As previously discussed, on October 2, 2020, the SBA published Procedural Notice 5000-20057 addressing Paycheck Protection Program Loans and Changes of Ownership. Based on a review of memos on the subject by other law firms...more

Dorsey & Whitney LLP

New Guidance on PPP Loans in M&A

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The Paycheck Protection Program (the “PPP”) created under the CARES Act has provided much needed assistance to millions of businesses and other organizations operating in the United States that have been impacted by the...more

Ruder Ware

SBA Issues Guidance on Navigating Paycheck Protection Program Loans in M&A Transactions

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After several months of uncertainty, businesses are carefully resuming merger and acquisition transactions. Many (if not most) small businesses took advantage of the Paycheck Protection Program (PPP), but, as forgiveness is...more

K&L Gates LLP

OnRisk: Insurance for Cyber Risk in M&A Transactions - A HUB Talks Podcast

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Cyber due diligence is quickly becoming the “new normal” for buyers in M&A transactions as they seek to protect themselves against cyber risk. Cyber due diligence, however, is only part of the solution. Many sophisticated...more

Parker Poe Adams & Bernstein LLP

Traps for the Unwary: A Look at Employees and Benefits in M&A Transactions

Employees drive the success of a company. In fact, in some industries (technology, for example) talent acquisition can be a primary motivation for a transaction. From identifying the target’s key employees, to assessing the...more

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