Public to Private Deals – six key things to consider

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White & Case LLPGeo-political turmoil, economic headwinds and increased regulatory scrutiny has led to market volatility and unearthed significant value opportunities in the public markets.

Private Equity gained first mover advantage following the pandemic, as businesses and the markets struggled to correct themselves. Despite tougher borrowing conditions going into 2023, the key drivers of public to private ("P2P") deals remain, namely the availability of capital, favourable exchange rates and depressed valuations. 

Whilst financing banks are struggling to digest some fairly significant exposures from 2022, the debt markets are evolving and private funding is expanding. Cash rich entities that see opportunities in the market are proposing flexible financing solutions, much like the equity markets developed, leading to increased competition for financing.

To help you navigate the complex and regulated markets in which P2Ps take place, here are six key things for you to consider when undertaking a P2P in several core jurisdictions across Europe and in the US.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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