2013 and Negotiation - Investment Banking Today

Material Adverse Effect Clauses

The M&A Lawyer

SEPTEMBER 23, 2015

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. 19, 2013).

M&A

M&A Mergers and Acquisitions Negotiation IT

Indemnity Escrows

What's Market

AUGUST 29, 2022

With the exception of a dramatic bump in 2013, provisions making indemnity escrows the exclusive remedy for relevant indemnity claims have been on the decline in recent years, falling from 32% to 1% over the time periods covered by the ABA studies.

Mergers and Acquisitions

Mergers and Acquisitions M&A Mergers Insurance

Anatomy of an Asset Purchase Agreement

The M&A Lawyer

AUGUST 31, 2015

If you’d like to compare my discussion below with a sample Asset Purchase Agreement, here ‘s the APA that governed the 2013 acquisition by MSC Industrial Direct Co., In later posts, I’ll also examine each of the sections of an APA more closely and provide a more detailed and nuanced discussion of their contents.

M&A

M&A Government Business Sale

Shareholders vs. Stakeholders - Understanding Corporate Responsibilities

Peak Frameworks

SEPTEMBER 19, 2023

A good illustration is the preference shares that Ford offered in 2013, which offered fixed dividends without voting rights. For example, during the acquisition of Dell by Silver Lake Partners in 2013, understanding the shareholders' interests was paramount to offering the right price and terms.

Corporation

Corporation Private Equity Mergers and Acquisitions Corporate Finance

Food Distribution is Ripe for M&A

Focus Investment Banking

MAY 10, 2024

Between 2013 and 2019, food distribution generated a steady flow of deals with strategics driving the majority of activity. Along with greater buyer interest in recent years, valuations have also experienced an upswing with EV/EBITDA multiples steadily increasing since 2013. Download the article here.

Food

Food M&A Private Equity Valuation

The Cooley Outlook for 2018 M&A

Cooley M&A

FEBRUARY 8, 2018

Approval of gross-ups in connection with a transaction typically involves a prior negotiation with the buyer. Nevertheless, as gross-up arrangements are typically negotiated after the deal price is negotiated, we do not believe that these arrangements are impacting overall stockholder consideration.

M&A

M&A Mergers and Acquisitions Mergers Negotiation

What Is Hofstede's Cultural Dimensions Theory?

Peak Frameworks

AUGUST 15, 2023

Hofstede's Cultural Dimensions in the Financial Industry Applying Hofstede's dimensions can provide profound insights into risk tolerance, negotiation strategies, decision-making, and business practices within the financial industry. For a more comprehensive guide, check out our , Investment Banking Recruiting Course.

Mergers and Acquisitions

Mergers and Acquisitions Corporate Finance Private Equity Investment

Whataday for Special Committees: Salladay v. Lev Clarifies Committee Formation Requirements in Non-MFW Scenarios

Cooley M&A

MAY 5, 2020

Between October 5 th and 11 th , the special committee supervised a price negotiation with iSubscribed, which resulted in an increased offer of $3.68 per share, Vice Chancellor Glasscock found it reasonably conceivable that the prior discussions lead to a price collar, and set the stage for future price negotiations. S’holder Litig. ,

Negotiation

Negotiation Mergers and Acquisitions Utilities IT

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

Devensoft

MAY 31, 2023

This can create confusion and misunderstandings during negotiations and post-merger integration. Anheuser-Busch InBev buys Grupo Modelo Anheuser-Busch InBev acquired Grupo Modelo , a Mexican brewing company, on June 4, 2013.

M&A

M&A Finance Finance Mergers and Acquisitions

Physician Practice Acquisitions: A Primer on Hospital & Private Equity Consolidation

InvestmentBank.com

OCTOBER 24, 2019

With larger physician networks and access to specialist’s hospitals also gain negotiating leverage with insurers and can participate in alternative payment models, such as capitated and bundled payments, through vertical integration. Christopher Majdi, Director of Valuation & FMV Services at Premier, Inc.

Hospitality

Hospitality Private Equity Equities Acquisitions

The essential guide to raising private equity

Growth Business

MARCH 1, 2024

From the outset the Bridges and Innovate teams had a good rapport, and we talked a lot together before entering into detailed negotiations. We then moved through management presentations , with the firm doing some market analysis through to negotiation of documentation and close.

Private Equity

Private Equity Equities Investment Business

Decoding the Duel: Venture Capitalists vs. Private Equity Titans in the M&A Arena

Devensoft

AUGUST 21, 2023

From sourcing deals and conducting due diligence to negotiating terms and post-acquisition management, these power players navigate complex landscapes with enormous financial stakes. In 2013, Silver Lake Partners, a private equity firm, partnered with Michael Dell to take the computer technology company private in a deal worth $24.9

Private Equity

Private Equity M&A Equities Mergers and Acquisitions

Antitrust Trends to Look Out for in 2022

Cooley M&A

JANUARY 21, 2022

In 2019, the DOJ and the PTO rescinded the 2013 guidance and issued new guidance advising that injunctive relief “should be made available” to SEP holders. In the future, merging parties need to plan and take this new referral procedure into account when negotiating transaction documents and timelines.

Mergers and Acquisitions

Mergers and Acquisitions Mergers Pharmaceutical IT

Investment Banking Today

Material Adverse Effect Clauses

Indemnity Escrows

Trending Sources

Anatomy of an Asset Purchase Agreement

Shareholders vs. Stakeholders - Understanding Corporate Responsibilities

Food Distribution is Ripe for M&A

The Cooley Outlook for 2018 M&A

What Is Hofstede's Cultural Dimensions Theory?

Whataday for Special Committees: Salladay v. Lev Clarifies Committee Formation Requirements in Non-MFW Scenarios

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

Physician Practice Acquisitions: A Primer on Hospital & Private Equity Consolidation

The essential guide to raising private equity

Decoding the Duel: Venture Capitalists vs. Private Equity Titans in the M&A Arena

Antitrust Trends to Look Out for in 2022

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