Financing

News & Analysis as of

"Bad Boy" Guarantys

The term “bad boy” guaranty is used in certain circumstances to describe a guaranty to be provided – usually by an individual, not an entity – in connection with, most often, real estate financing. The original intent of...more

BNA Insights: Regulation Crowdfunding and Small Businesses: A Match Made in SEC-Regulated Heaven?

The Dawn of a New Era in Capital Formation - The need for crowdfunding regulation became apparent after the Securities and Exchange Commission issued a cease and desist order to stop a crowdfunding effort by two men...more

Opinion White Paper: Relating to Section 316(b) of the Trust Indenture Act

The purpose of this White Paper is to provide guidance to practitioners in their consideration of the application of recent judicial opinions relating to Section 316(b) of the Trust Indenture Act of 1939, as amended (the...more

Developing a Business Case for Renewable Energy at Airports

The Airport Cooperative Research Program (ACRP) recently released Report 151: Developing a Business Case for Renewable Energy at Airports (the Report). Foley partner David Bannard is a co-author of the Report, assisting lead...more

Best Practices Issued for Small Business Alternative Finance Industry

The Small Business Finance Association (SBFA) has issued "Small Business Finance Principles" that represent best practices for providers of merchant cash advances (MCA) and other companies in the alternative finance industry...more

The Liquidity Crunch Spurs Creative PE Deal Financing in the US

Since the 2008 financial crisis, the US Federal Reserve and other central banks in Europe have pumped trillions of dollars into the financial markets. Notwithstanding the amounts injected, a liquidity crunch in 2016 is...more

USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international...more

Corporate Trustees: a Trustee can rely on a legal opinion provided to it by a law firm, right?

A Bond Trustee or Security Trustee in a finance transaction will typically be a beneficiary of a legal opinion. A Trustee may be expressly named as one of the addressees on the face of an opinion letter. Alternatively, a...more

Qatar's Strong Start to a Testing Year

Perhaps it is no longer a hidden fact that 2016 will be a difficult year for the Qatari market. With more governmental or quasi-governmental entities announcing reductions or cancellations of projects, staff redundancies and...more

Court of Appeal case - of interest to Security Trustees

Including an unsecured creditor in an agreed payments waterfall does not by itself confer on that unsecured creditor the benefit of a mortgagee’s usual duties on enforcement of security, or a direct claim against the sale...more

Assisting with Adaptive Reuse

Over the past 40 years, Boston-based WinnDevelopment has turned to a trusted partner in its legal counsel, Murtha Cullina LLP. In the last decade alone, the partnership has resulted in nearly 30 successful adaptive reuse...more

Healthcare & Life Sciences Private Equity Deal Tracker: Synlogic Secures $40 Million in Funding

Synlogic has announced it has secured $40 million in series B financing. Synlogic, based in Cambridge, Mass., is a biopharmaceutical company focused on the development of a class of therapeutics, called synthetic...more

Corner Briefing: Grant and Loan Opportunities for Infill Projects

This is the first edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates will identify new legal cases, legislative updates, grant opportunities and other...more

Doors to Financial Relationship With Cuba Continue to Squeak Open

Why it matters - Continuing to ease the restrictions on financial relationships with Cuba, the Department of the Treasury's Office of Foreign Assets Control (OFAC) announced additional policy changes to "remove existing...more

The Writing on the Wall Moves to the Federal Register: No 30-Year Take Permits

As we discussed last summer, the Judge Lucy Koh of the Northern District of California ruled that the Fish and Wildlife Service’s 30-year programmatic permit for incidental takes of bald and golden eagles from wind farms...more

Current trends in oil and gas finance

Leslie Benedict: “Money isn’t everything, Jett” Jett Rink: “Not when you’ve got it.” Giant (1956) - And when you don’t got it, as independent oil guy Jett Rink knew, it is everything. The world may run on oil, but...more

Leveraged debt: The year in review

If 2014 got pulses racing in the high yield debt and leveraged loan markets, 2015 came as something of a reality check. In the first nine months of 2014, combined issuance in these two debt instruments had already surpassed...more

New Regulation to Facilitate the Implementation of Offshore Wind Projects in France

While the development of the first four offshore wind projects awarded by the French state back in 2012 to the consortia EDF Energies Nouvelles / DONG Energy / Alstom (3 projects) and Areva / Iberdrola (1 project) is...more

The Paris Agreement on Climate Change – Implications for Africa

The historic 21st annual meeting (COP21) of the United Nations Framework Convention on Climate Change (UNFCCC) in Paris in December 2015 resulted in the Paris Agreement (Agreement) which goes further than any previous climate...more

The Terms Behind Unicorn Valuations

Background - In May 2015, we published our first survey of the terms of unicorn financings. That survey covered financings undertaken by US based unicorns in the 12 month period ended March 31, 2015, and is available...more

Hotel Lawyer at the ALIS hotel conference in Los Angeles — A turnaround in hotel investor sentiment? Was that just a raindrop or...

Hotel Lawyers with first signs of a sea change in investor sentiment about the hotel sector - As our team of hotel lawyers returns from the Americas Lodging Investment Summit (or ALIS) in Los Angeles, we all noticed a...more

Trends in Legal Terms in Venture Financings in Israel - First Half 2015

Background —We have analyzed the terms of venture financings for Israeli and Israeli-related technology companies that reported raising money during H1 2015. Our survey does not include financing rounds of less than US...more

eBook Doing Business in Massachusetts: A Guide to U.S. and Massachusetts Law for Non-U.S. Businesses

This guide is intended to provide foreign business-people with an introduction to the basic kinds of laws and regulations that affect the conduct of business in the United States, and particularly in The Commonwealth of...more

US Equipment Leasing and Finance Legal Update – January 2016

Welcome to the inaugural issue of JMBM’s US Equipment Leasing and Finance Legal Update. My goal is to alert our clients and friends of legal developments that may affect their equipment leasing and finance transactions in the...more

Financing in the Craft Brewing Industry

Many home brewers dream of someday selling their production on a larger scale. A brewery is an extremely capital intensive business. Unless one is lucky enough to have a large personal fortune, the hopeful brewer will...more

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