Debt Financing

News & Analysis as of

Australian Tax Update - October 2015

The Chevron decision provides critically important guidance on both the 'old' (Division 13) and 'new' (Subdivision 815-A) transfer pricing laws in Australia. While not dealing specifically with Subdivisions 815-B to D, the...more

S&P Says Infrastructure Costs Go Well Beyond the Initial Investment

In a number of recent conversations regarding using Public-Private Partnerships (P3s) to deliver large infrastructure projects under an availability payment structure, I’ve heard a lot of angst by public owners over the cost...more

The Action Plan for a Capital Markets Union – Part 1: Aims, Priorities and Measures

On 30 September 2015, the European Commission adopted an action plan to achieve a European single market for capital for the 28 Member States (the Action Plan). On the same date, the Commission also launched some of the...more

Renewable Energy Update - October 2015 #5

Renewable Energy Focus - sPower wins 68.8-megawatt Southern California Public Power Authority solar PPA: SolarServer - Oct 22: sPower has been awarded a 20-year Power Purchase Agreement (PPA) with Southern California...more

IRS Delays Effective Date for New Regulations on Embedded Loans in Swaps

The Treasury and the IRS have delayed implementation of the recently announced rule change that treats certain types of upfront payments on swaps as loans for federal income tax purposes (including for purposes of the...more

Comvest Partners Closes PE Fund at $893 Million

Comvest Investment Partners V closed with $893 million in total capital commitments, above the $700 million target established at the outset of fundraising....more

European Commission Publishes Action Plan on Building Capital Markets Union

The CMU is intended to strengthen access to public markets in the European Union, particularly for small- and medium-sized enterprises (SMEs). On 30 September, the European Commission (EC) published its action plan...more

In re Alternate Fuels, Inc.: Key Takeaways for Venture Capitalists Working with Emerging Companies

Venture capitalists (“VCs”) often provide needed debt financing such as bridge loans to emerging companies in financial distress. However, given their insider status with these companies, VCs may encounter issues with such...more

Craft Beer Industry Update: M&A ESOPs and Liquidity Transactions over the past 12 Months

Craft beer is at a turning point in the history of the industry. Craft beer has grown dramatically (about 20% in 2014) during a time when overall beer consumption has increased only 0.5%.1 This has changed everything -- from...more

French Supreme Court rules out liability for undercapitalising companies

Minimum share capital requirements have disappeared from French legislation over the last few years, leaving the société anonyme as the last and only commercial company with such a requirement, set by the French Commercial...more

Current Marketplace Trends in Real Estate Crowdfunding

Today, there appears to be an ever-expanding number of sponsors and markets for crowdfunding. Commercial real estate is no exception. At the recent IMN US Real Estate Opportunity & Private Fund Investing Forum, Elizabeth...more

Grexit: Grief or Gift?

On July 5, the Greeks voted emphatically against their creditors’ proposals. Earlier that week, the IMF released a report in which it recommended a comprehensive recover plan that included a debt relief or a debt moratorium...more

“Dead Hand Proxy Puts” Garner Increased Stockholder Scrutiny In Delaware

A ruling last fall by the Delaware Chancery Court has prompted a wave of 8 Del. C. § 220 books and records inspection demands on (and threatened litigation against) Delaware corporations that have entered into credit...more

Dead Hand Proxy Puts Face Continued Scrutiny

"Dead hand proxy puts’’ have emerged as the target du jour for entrepreneurial plaintiffs counsel litigating corporate governance claims. Since last fall, at least seven separate actions have been filed in the Delaware Court...more

Income Tax & Crowdfunding

Income tax may not be front of mind when starting a crowdfunding campaign, but early consideration of the issues could prevent a panic-inducing call from the Australian Taxation Office. The choice of crowdfunding model...more

Points & Authorities - Spring 2015

In this Issue: - Negotiating Strategies for the Successful Sale of Technology Companies - Broker Beware: Are Real Estate Brokers Susceptible to Agent v. Agent Fee Splitting Disputes After Sanowicz v. Bacal? -...more

KISS the SAFE Goodbye? Another Alternative for Start-up Financing

Only recently, we debated the merits of the SAFE (Simple Agreement for Future Equity), an alternative funding mechanism for early-stage companies designed to replace the industry-standard convertible note financing....more

Debt Financing Trends – Joe Price, Member, Corporate & Securities Practice [Video]

Joe Price discusses the various debt financing options available for leveraged sponsor deals and provides an overview of recent lower middle-market trends....more

Are You an E&P Company Facing a Liquidity Crunch and Considering Restructuring?

In this interview, Latham & Watkins partner Michael Chambers looks at the impact of borrowing base redeterminations on exploration and production (E&P) companies. He also discusses additional debt capacity under high...more

Bank and Finance: The Equity Cure Provision—Saving Debt with Equity

For many sponsor backed borrowers, and this would include technology companies which have raised at least one round of financing, the equity cure provides a lifeline which isn’t necessarily available to traditional borrowers....more

Corporate & Financial Weekly Digest - Volume X, Issue 15

In this issue: - Update: Proposed Amendments to DGCL, Including Ban on Fee-Shifting and Permitting Exclusive Forum Provisions - CFTC and Australian Regulator Sign Memorandum of Understanding Regarding...more

I’ll Know it When I See It: Debt vs. Equity in a Partnership

Of the many financial decisions a business faces in its life cycle, one of the most frequent (and certainly most important) is how best to fuel continued growth: should the business issue new debt or new equity? ...more

Why Start-Ups Use Convertible Debt Part III: The Virtues of Convertible Debt for a Start-Up

Over the course of our “Why Start-Ups Use Convertible Debt” series, we’ve discussed the two common paths start-up companies take to structure a financing. In Part I, we discussed common stock financing and in Part II, we...more

The Healthcare & Technology Industries’ Burgeoning Emerging Growth Debt Market

The emerging growth debt market has grown significantly in recent years, with the majority of deals in the healthcare and technology spaces. Latham & Watkins partners Jim Morrone and Haim Zaltzman, who focus their practices...more

Prescriptions for the Headache of High Cost Drugs

A March 11 policy conference in Washington produced some creative thinking about the problem of high-cost specialty drugs. And on the same day, the RAND Corp. think tank released a study on the subject, “Borrowing for the...more

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