Financing

News & Analysis as of

CFTC Says Securitization SPVs Eligible for End-User Exception

The CFTC issued a no-action letter to Ford Motor Credit to clarify that a securitization special purpose vehicle, or SPV, that is wholly-owned by, and consolidated with, a captive finance company (as described in Section...more

Converting Your Convertible Note

If you just invested in the next big thing by way of a convertible promissory note, you will want to ensure that, when it converts, you get all of the equity to which you’re entitled. Does your note convert at the valuation...more

Structure Your Start-up For Fundraising Success - Part Four: Sign up your employees and contractors

If you’ve determined that your new venture is going to require outside investment, there are a number of things you can do to make your company more attractive to investors...more

Is the Financing of Service Contracts An Extension of Consumer ‘Credit’? – It Depends

What is consumer ‘‘credit’’? As with most legal issues, the answer is that it depends. This article provides an overview of how stand-alone financing of service contracts, oftentimes broadly labeled as extended warranties,...more

Banking & Financial Services E-Note - April 2015

In This Issue: - Insuring Against Data Breaches - Plaintiff in Foreclosure Action Snared by Evidence of Damages, Attorneys' Fees & Costs - Dodd-Frank Act Update April 2015 Edition - Bond Financing:...more

Healthcare & Life Sciences Private Equity Deal Tracker: Spirox Secures $18.5 Million in Financing

Spirox has announced it has secured $18.5 million in series B funding. Spirox, based in Menlo Park, Calif., develops minimally invasive technologies to treat nasal obstruction....more

Intellectual Property: Crowdfunding and Confidentiality for Tech Start-Ups

I recently attended Launch Festival 2015 in San Francisco and Angel Launch’s LaunchFEST Mixer: Doing Deals with Silicon Valley—Attracting Funding, Angels, and Tech Trends in downtown Los Angeles. The events were very...more

Financing Challenges for Small Cap Companies [Video]

Megan Gates explains the how rules implemented by the SEC and national securities exchanges make raising capital particularly challenging for small-cap companies....more

Structure your start-up for fundraising success - Part Two: Organize your corporate records

If you’ve determined that your new venture is going to require outside investment, there are a number of things you can do to make your company more attractive to investors....more

Structure your start-up for fundraising success - Part One

If you’ve determined that your new venture is going to require outside investment, there are a number of things you can do to make your company more attractive to investors... 1. Keep it simple! There are any number...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

Healthcare & Life Sciences Private Equity Deal Tracker: Livongo Health Secures $20 Million in Financing

Livongo, with offices in Chicago and Mountain View, Calif., is a developer of chronic disease management tools, including a cloud-enabled glucose meter....more

Recent Trends in Commercial Aircraft Finance

Since the financial crisis, the aviation finance market has been through much change with the initial heavy reliance on export credit financing from US Export-Import Bank (Ex Im Bank) and the other export credit agencies...more

Renewable Structures: Choices and Challenges

Since the first wind deal utilizing a partnership in 2003 (also known as a “partnership flip,” a “pre-tax after-tax partnership,” or a “wind safe harbor partnership structure”), there has been a constant evolution of...more

SEC Creates New Financing Opportunity

Chairwoman Mary Jo White recently presided over an open meeting of the U.S. Securities and Exchange Commission at which the Commission followed the recommendation of the Division of Corporation Finance to adopt final rules...more

PACE Financing to Jump-Start Rooftop Solar?

PACE loans can cover up to 100% of the cost of a project, depending on the specific program and the particular project. Similar to other assessments, a PACE assessment runs with the property and can be transferred to a...more

Key Issues and Considerations in Developing Petrochemical Projects in Newly Emerging Markets

This article provides a brief overview on some of the key issues and considerations that will need to be analysed by foreign sponsors (the “Foreign Sponsors”) looking to develop petrochemical projects in newly emerging...more

U.S. Renewable Energy Financing And Regulatory Outlook 2015

Orrick and Clean Energy Pipeline have launched a series of reports dedicated to exploring investment opportunities and challenges in the global renewable energy sector. In the first issue, we analyzed the investment...more

U.S. FSOC Proposes Qualified Financial Contract Rules and Creates a New Challenge for Large Financial Companies that are not SIFIs

The Financial Stability Oversight Council (Council) proposed regulations (Rule) on January 7, 2015, which create a new challenge for all nonbank financial companies with assets of $50 billion or more. While the four companies...more

Series Seed is the new Series A; VC-backed company valuations continue to rise

PitchBook recently released its 1H 2015 VC Valuations and Trends Report that breaks down over 20,000 valuations of private company financings and exits over the past 10 years. The report shows continued increase in median...more

Key Metrics for Recent Technology and Life Sciences Initial Public Offerings

In this Newsletter: - Survey Results - Offerings Completed - Size of Offerings, Red Herring Midpoint - Size of Offerings, Final IPO Price - Aggregate Amount Raised, Red Herring Midpoint...more

Sort Through Affordable Housing Development Acronyms

Real estate developers looking to enter the affordable housing marketplace are familiar with the acronym “LIHTC” (low-income housing tax credit), but may be wondering how one works with a public housing agency (PHA) to obtain...more

States Take More Active Role in Surface Transportation Funding

Fiscal constraints on state budgets coupled with continued uncertainty with respect to future levels of federal surface transportation funding have led states to diversify the funding sources for their transportation...more

Solar Sukuk Lights the Way to Alternative Funding Sources: Australia, Indonesia and Malaysia Working Together

SGI-Mitabu, a joint venture of two Australian solar companies, The Solar Guys International and Mitabu Australia, has revived its plans to fund its Indonesian 250 megawatt solar project with Islamic compliant funding. The...more

Digital Health Enjoys Tremendous Growth in 2014

What a difference a year makes. Last year, we noted that 2013 was a blockbuster year for digital health investments with almost $2 billion of private capital going into the sector. We highlighted the 10 largest deals of 2013,...more

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