Debt Financing

News & Analysis as of

Private equity in Italy: market and regulatory overview

How do private equity funds typically obtain their funding? Private equity funds continued to have a diverse investor base in 2015. Although with a significant decrease from the 2014 figure of 68%, about 48% of the...more

Reserve-based lending in Nigeria

2015 was a relatively active year for financing transactions in Nigeria's oil and gas sector. As well as facilities to fund the development of oil and gas assets, a significant number of facilities were provided to Nigerian...more

Your IRA is NOT a Bank. Borrowing From Your IRA May Have Serious Tax Consequences

The U.S. Tax Court issued a Decision in Thiessen v. Commissioner that may have effect on many small business owners who have used their IRA's for financing purposes. In Thiessen, the taxpayers were found to have engaged in a...more

Courts of appeal reject Belgian tax authorities’ stern approach to the notional interest deduction

For the second time in eight months, a Court of Appeal has rejected the Belgian tax authorities’ stern approach to the way that some intragroup financing companies have been using the notional interest deduction. This...more

European Acquisition Finance Debt Report 2016

Welcome to DLA Piper’s European Acquisition Finance Debt Report 2016. This report, now in its seventh year, presents detailed results of our survey of 300 participants active in the European acquisition finance debt market....more

What, If Anything, Is Wrong With The Contractual Obligations Table?

Many readers will recognize the table above as being required by Item 303(a)(5) of Regulation S-K. The Securities and Exchange Commission added this disclosure requirement in 2003, explaining in the adopting release...more

Middle East PPP Policy Developments: Kuwait and Dubai

In a climate of falling oil prices and tightening government budgets, several states in the Gulf Cooperation Council region (GCC) are looking again at Public Private Partnerships (PPP) as one of several business models for...more

"Renewable Energy Project Warehouse Facilities Are on the Rise"

An important development in the financing of solar, wind and other renewable energy projects in 2015 was the use of a flexible investment and financing vehicle referred to as a “warehouse.” Akin to traditional warehouse...more

"Oil and Gas Companies Utilize Restructuring Strategies to Navigate Industry in Flux"

Precipitous commodity price declines that began in mid-2014 continued to disrupt the oil and gas industry in 2015, outlasting the expectations of many analysts. By the end of 2015, prices for both Brent and WTI crude were...more

Financial Regulatory Developments Focus - January 2016

In this week's newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

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

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