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Deal structure matters, particularly in bankruptcy. The Third Circuit recently ruled that a creditor’s right to future royalty payments in a non-executory contract could be discharged in the counterparty-debtor’s bankruptcy. The decision highlights the importance of properly structuring M&A, earn-out, and royalty-based transactions to ensure creditors receive the benefit of their bargain — even (or especially) if their counterparty later encounters financial distress.
“Do you know what the number one response recruiters get when they ask anyone about their desire to hear about new opportunities? Yup, “I’m happy here.” So, I must assume that everyone that we speak to – as recruiters – is experiencing perfect career satisfaction in their current position, but you and I both know that is not the case.
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Unlike traditional Chapter 11 “free fall” bankruptcy cases, some debtors enter bankruptcy with pre-packaged or pre-negotiated plans, offering major advantages such as reduced case length. These plans, largely drafted and agreed upon prior to filing, can expedite case resolution from over a year to mere weeks. Furthermore, these cases often provide greater certainty in outcome due to required buy-in from key creditor groups.
Unlike traditional Chapter 11 “free fall” bankruptcy cases, some debtors enter bankruptcy with pre-packaged or pre-negotiated plans, offering major advantages such as reduced case length. These plans, largely drafted and agreed upon prior to filing, can expedite case resolution from over a year to mere weeks. Furthermore, these cases often provide greater certainty in outcome due to required buy-in from key creditor groups.
A recent Womble Bond Dickinson memo says that private equity funds and strategic investors are increasingly interested in taking minority positions in target companies.
As a testament to the U.S. capital markets’ resilience and ability to adapt, IPOs, debt markets and mergers and acquisitions (and related financings) have shown substantial increases over 2023. Activity to date in 2024 indicates that this year could be the start of a positive turning point, though volatility is likely to continue as markets anticipate and react to continued global and economic factors.
In the dynamic and ever-evolving landscape of mergers and acquisitions (“M&A”) and related corporate transactions, Delaware courts continue to play a pivotal role in shaping legal precedents and guiding corporate practices. Delaware cases over the past year have been no exception, with several landmark decisions having significant implications for M&A strategy, governance, and dispute resolution.
Speaker: Brian Muse-McKenney, Chief Revenue Officer & Matt Simester, Cards and Payments Expert
In today’s world of social media, dating apps, and remote work, businesses risk becoming irrelevant (or getting "ghosted") if they fail to meet the evolving needs of Gen Z consumers. Credit cards with flexible payment options, especially for young adults with little-to-no credit history, are a particularly important and valuable solution for this generation.
How should network engineers be thinking about and using AI right now, and what to could they expect for the future? Here, we focus on one surprising use case that I found to be a bit exciting: Using AI to peer review your work. Buckle up, and let's check it out.
Press releases report that Boston Scientific (BSX) has entered an agreement to acquire medical device developer Silk Road Medical in a deal totaling $1.16 billion. Silk Road Medical has reportedly developed devices and methods for transcarotid artery revascularization (TCAR), designed to non-invasively address carotid artery disease.
In the era of 5G, cellular and neutral host providers are expanding their radio networks to provide better coverage and data performance in densely populated areas. Municipalities and utilities operating streetlights are making their structures “smart” by incorporating 5G/LTE radios and fiber for connectivity. This has opened up a new world of possibilities.
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The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from continuing to bid on set-aside orders under its General Services Administration Federal Supply Schedule (FSS) contract. The new OHA decision is Size Appeal of LinTech Global, Inc., SBA No.
State Street Global Advisors and Galaxy Asset Management have unveiled a new collaboration aimed at bringing investors digital asset-based strategies, offering key exposure to companies involved in the digital asset space. The agreement, which aims to move beyond cryptocurrencies and bitcoin, will see the two firms provide investors with access to the $2.4 trillion digital asset landscape through manager-directed strategies.
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Benchmark International has successfully facilitated the transaction between Fredericksburg, VA-based Fredericksburg Machine & Steel, LLC dba Viking Steel Fabricators and Norfolk, VA-based SRF, LLC dba Chesapeake Bay Steel, Inc. Founded in 1950, Viking Steel Fabricators has built a solid reputation for specializing in the fabrication and installation of structural and miscellaneous steel, ornamental iron, and custom stairs and handrails.
US dollar retreats after weak economic data; yen gets minor relief By Gertrude Chavez-Dreyfuss and Amanda Cooper NEW YORK/LONDON (Reuters) -The yen edged up from a 38-year low against the U.S. dollar on Thursday, helped by softening U.S.
Some Actual What-to-Do's By M&A Leadership Council Everyone probably knows that financial, legal, and operational aspects of a business typically receive the most attention during due diligence. However, one equally important but often overlooked element is culture due diligence. Understanding and assessing the culture of the target company is crucial for the long-term success of the acquisition, as this helps identify potential cultural clashes and integration challenges.
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Stocks inch lower as semiconductor shares ease; yen up vs dollar By Caroline Valetkevitch NEW YORK (Reuters) -Global stock indexes edged lower in choppy trading Thursday as Micron Technology shares fell and weighed on semiconductors, while the Japanese yen strengthened slightly against the U.S. dollar. U.S. Treasury yields declined slightly after a series of U.S.
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Asia shares eye five-month winning streak; yen slumps By Rae Wee SINGAPORE (Reuters) – Asian stocks are headed for a fifth straight month of gains on Friday, bolstered by the growing view that cooling U.S. inflation will allow the Federal Reserve ease rates this year.
Kadena Announces Nitin Gaur as Advisor New York, New York, June 27th, 2024, Chainwire Kadena, the industry’s only scalable Proof of Work blockchain, welcomes Nitin Gaur, the Founder of IBM Blockchain Lab and a former Global Head of Digital Assets at State Street, as an advisor.
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