Remove 2004 Remove Mergers and Acquisitions Remove Negotiation
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Private Equity Buyer Permitted to Walk From Deal Based on Capitalization Representation Breach

Cleary M&A and Corporate Governance Watch

Background and Decision In December 2022, following a competitive process, affiliates of Antin Infrastructure Partners S.A.S (“buyer”) entered into a merger agreement to acquire a group of privately held broadband companies, known as OpticalTel. [2] Shortly following signing, claims by two former employees of OpticalTel arose.

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Transfer Traps: Considerations for Dual-Class Companies Contemplating M&A Transactions

Cooley M&A

5] Accordingly, definitive agreements for public company acquisitions almost universally contain a condition to the closing of the transaction that such stockholder approval has been obtained. We now turn to the exceptions in dual-class charter transfer provisions that may be available to eliminate this risk. Stockholder litigation.

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Sandbagging Provisions

What's Market

Market Trends: What You Need to Know “Sandbagging” concepts are often the subject of intense negotiation in M&A transactions. does a passing comment by the company's president about an employment issue as the buyer's team is rushing to grab a taxi after a full day's negotiation impart knowledge of that issue?

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Consumer Retail Private Equity: Barbarians at the Gate, or Tech Bros on a Shopping Spree?

Mergers and Inquisitions

According to Reuters , consumer/retail deals accounted for 15% of private equity deal volume between ~2004 and ~2014 but fell to only 7% between ~2014 and ~2024. But customer acquisition costs via Google and Facebook ad campaigns have risen over time and eaten into margins, so building a brand is still difficult.