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M&A Blog #06 – debt (Part I – role and trade-offs, categories and key characteristics)

Francine Way

We will now go through a series of four blog posts that dive deeper into debt - specifically, the various considerations one ought to take into account when planning to use debt for an acquisition. They can be prepaid based on negotiation, and this flexibility comes with an attractive pricing (LIBOR + 300-350 bps).

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How the Growth of Private Credit is Impacting Private Equity

OfficeHours

The growth of private credit can be traced back to the Great Financial Crisis of 2008-2009. Think about it this way: It is easier to negotiate bespoke partners via bilateral negotiation with a single partner than with tens of investors via a syndicate of investment banking middlemen. and how our process works.

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Material Adverse Effect Clauses

The M&A Lawyer

Interestingly, while M&A lawyers often get fairly animated in negotiating whether to include the word “prospects” in the MAE definition, they do not similarly struggle with inclusion of the “could reasonably be expected to have” language, which should be viewed by a court as having the same effect. 29 2008) , and.

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What is Leadership? Examples in Finance and Key Traits

Peak Frameworks

It’s about steering teams through high-stakes decisions, mastering complex negotiations, formulating strategic plans, and managing inherent risks. Take, for instance, Jamie Dimon , the CEO of JPMorgan Chase, who successfully navigated the company through the 2008 financial crisis.

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How Acquirers Can Navigate the Complex World of Cross-Border M&A Deals

Devensoft

This can create confusion and misunderstandings during negotiations and post-merger integration. It may also involve developing a communication strategy that takes cultural differences into account and emphasizes transparency and clarity.

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What is a Retainer Fee? (Definition, Examples in Finance)

Peak Frameworks

Clients often pay lawyers, accountants, and consultants a retainer fee in order to retain their services. For an investment banker, this could range from due diligence, and financial modeling, to deal negotiations. A retainer fee is money paid to ensure that a professional will provide services to you.

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Pandemic-Related Deal Litigation Highlights Buyer Leverage in Transactions Requiring Debt Financing

Cooley M&A

In the event of a legitimate financing failure, a seller’s sole remedy would be to terminate the purchase agreement and collect the negotiated reverse termination fee. If the debt financing failed, Realogy’s sole remedy would be to terminate and collect the negotiated reverse termination fee. Let’s Just Settle.

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