Since the early 1990s, the U.S. stock exchanges have long been home to many prominent Chinese companies as they tried to attract a wide spectrum of investors and enhance their global profile. Over the past decade, waves of...more
8/26/2024
/ Break-Up Fee ,
Buyouts ,
Capital Markets ,
China ,
Going-Private Transactions ,
Holding Foreign Companies Accountable Act (HFCAA) ,
Initial Public Offering (IPO) ,
Investment ,
Investors ,
Private Equity ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Target Company
On August 8, 2024, the Nasdaq Stock Market LLC (“Nasdaq”) submitted a proposal to amend its rules regarding penny stocks (i.e., stocks trading below a $1.00 minimum bid price) to make it easier for Nasdaq to delist them....more
On September 17, 2021, the Stock Exchange of Hong Kong (“SEHK”) released the long-awaited consultation paper on Hong Kong Special Purpose Acquisition Companies (“SPAC”). After a short consultation period ending on October 31,...more
The “SPAC”-ulation is over!
On September 17, 2021, the Stock Exchange of Hong Kong Limited (the Stock Exchange) issued a much anticipated consultation paper on Special Purpose Acquisition Companies (SPACs). It is...more
Special Purpose Acquisition Companies (“SPACs”) played a critical role in U.S. capital market growth in 2020. There were 248 SPACs launched, raising an aggregate of $83 billion in proceeds. The beginning of 2021 witnessed an...more
3/4/2021
/ Acquisitions ,
Asia ,
Capital Markets ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Initial Public Offering (IPO) ,
Investors ,
Mergers ,
Nasdaq ,
NYSE ,
PIPEs ,
Purchase Agreement ,
Right of Redemption ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Shell Corporations ,
Special Purpose Acquisition Companies (SPACs) ,
Trust Accounting
On January 27 and 28, 2021, over 300 participants joined Morrison & Foerster’s webinars on “SPAC 101- Is 2021 the Year of SPACs in Asia?” where Partners Mitchell S. Presser, Justin R. Salon, and Ruomu Li led an in-depth...more
2020 is drawing to a close, but the heat of the SPAC, which will be hot starting in 2019, has not diminished at all. More and more private equity funds, financial institutions and other investors are setting up SPAC. The...more
We looked at 28 deals across Asia that were signed or closed pre-COVID in which the buyer or a group of affiliated buyers acquired all or a significant majority of the outstanding equity of the target, examined the common key...more
We looked at 28 deals across Asia signed or closed pre-COVID-19 in which the buyer or a group of affiliated buyers acquired all or a significant majority of the outstanding equity of the target. We examined the common key...more
On December 2, 2020, the U.S. House of Representatives passed, by unanimous vote, the Holding Foreign Companies Accountable Act (“HFCAA” or “Act”). Following enactment, foreign issuers, especially Chinese issuers, and their...more
We looked at 28 deals across Asia signed or closed pre-COVID-19 in which the buyer or a group of affiliated buyers acquired all or a significant majority of the outstanding equity of the target. We examined the common key...more
11/19/2020
/ Asia ,
Audits ,
Buyers ,
Buyouts ,
Due Diligence ,
Equity ,
Investors ,
Locked-Box Deals ,
Practical Completion ,
Purchase Agreement ,
Purchase Price Adjustment ,
Sellers
On October 29, 2020, Ninebot, a leading supplier of electric scooters incorporated in the Cayman Islands, went public on China’s Science and Technology Innovation Board (the “STAR Board”). This makes the company the first...more
Since the early 1990s, a large number of well-known Chinese companies have been listed in the United States to enhance their global image, and the US stock market has become a haven for many Chinese stocks. However, China...more
Since the early 1990s, the U.S. stock exchanges have long been home to many prominent Chinese companies as they tried to attract a wide spectrum of investors and enhance their global profile. However, waves of the reverse...more
8/24/2020
/ Cayman Islands ,
China ,
Due Diligence ,
Fairness Standard ,
Financial Adviser ,
Financing ,
Global Market ,
Going-Private Transactions ,
Majority Shareholders ,
Nasdaq ,
Parental Consortium ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Special Committees ,
Stock Exchange
Down rounds—equity financing rounds where the company’s valuation is lower than at least one of its previous rounds of financing—have been rare in the sellers’ market of the past few years, where high valuations fueled by an...more
On July 22, 2020, China’s State Administration for Market Regulation (“SAMR”) published its unconditional approval of the concentration of operators in the Shanghai Mingcha Zhegang Management Consulting Co., Ltd. and...more
Investing in unicorns is a high-stakes game. These companies are often run by strong, charismatic founder teams, with no shortage of willing investors eager to accept their terms. However, it is important to know your bottom...more
On April 20, 2020, China’s State Administration for Market Regulation (“SAMR”) published on its website a notice in relation to the merger review of a simple case of concentration of operators, the Shanghai Mingcha Zhegang...more
Healthcare and education are generally seen as resilient sectors due to their counter-cyclical characteristics. In light of the economic and socio-political instability around the world, recession resistant investments in...more
China’s new foreign investment regime introduced by the Foreign Investment Law (“FIL”) and its implementation rules, which came into effect on January 1, 2020, should allow PE funds to invest in Chinese domestic companies on...more
In Part I of this article, we discussed the possibility of PE investors, their portfolio companies, or their respective counterparties invoking material adverse change (MAC) or force majeure (FM) clauses to be relieved of...more
In Part I of this article, we discussed the possibility of PE investors, their portfolio companies, or their respective counterparties invoking material adverse change (MAC) or force majeure (FM) clauses to be relieved of...more
The COVID-19 (the official name of the 2019 novel coronavirus) outbreak is likely to have an effect on the PE landscape in Asia and on anyone with interests in Asia. In this three-part article, we examine how PE buyers,...more
Global M&A made another strong showing in 2019, as stock markets, while at times bumpy, rose to new highs, private equity firms raised record funds, and companies searched for growth and ways to address technological and...more
On June 20, 2016, the Indian government, in an effort to open up the Indian economy and bring in much-needed foreign capital, announced a radical liberalization of the foreign direct investment (FDI) rules by liberalizing...more