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Dual-Track Processes: How to Turbocharge Your Exit

Cooley M&A

These include prevailing market sentiment, current appetite for acquisitions in a particular sector and the political and economic environment, all of which can change well within a given transaction timetable. The intended post-transaction ownership will also affect how the offering is structured and its viability.

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

Cooley M&A

The rise of founder-led, venture capital-backed companies in recent years has coincided with a surge of companies implementing dual-class share structures in connection with their initial public offerings. Voting agreements in public M&A transactions. Vote-down termination fee (i.e., a ’naked no-vote fee’).

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Cooley’s 2022 Life Sciences M&A Year in Review

Cooley M&A

Although there were 104 initial public offerings of biotechnology companies in 2021 that raised nearly $15 billion in funds, 2022 saw only 22 such IPOs collectively raising less than $2 billion. Novartis announced plans to spin off its generics and biosimilars division into a publicly traded stand-alone company.

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Cooley’s 2024 Life Sciences M&A Year in Review: M&A Slims Down in 2024, but Will Appetites Grow in 2025?

Cooley M&A

Looking ahead, expect the fruits of these efforts to free up valuable resources capital and management bandwidth that can be redirected toward higher-value, strategic acquisitions in 2025 as the general economic backdrop (inflation, interest rates, antitrust) looks to become more conducive to bigger bets.

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