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Proskauer Rose LLP

Private Credit Deep Dives – Portability (Europe)

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One of the foundational provisions negotiated in almost every European leveraged loan agreement is the “Change of Control” definition and associated clauses. This provision is crucial because it directly impacts the risk...more

White & Case LLP

Debt portability provides a lifeline for M&A

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Portability isn’t a typical feature of loan documents, but in a market where refinancing remains expensive and at times tricky, stakeholders are exploring how portability terms can help maintain M&A activity - Given that...more

Proskauer Rose LLP

Private Credit Explained - Delayed Draw Term Loans

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A typical European leveraged loan will comprise of various tranches of debt, for a variety of purposes, all documented within a single facilities agreement. In a leveraged buyout scenario, the standard structure will be a...more

White & Case LLP

High-profile deals in European regulators’ firing lines

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Dealmakers are learning to navigate a stricter regulatory environment as UK and EU authorities take an increasingly interventionist stance Global dealmaking experienced a slowdown in 2023 as the market battled headwinds on...more

Vedder Price

Earnouts Back on the Rise in M&A Transactions: What Purchasers, Sellers and Lenders Need to Know

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The pace of earnouts accelerates in M&A transactions whenever market conditions create a value gap between seller price expectations and buyer confidence levels. Earnouts are most common when the volume of merger and...more

White & Case LLP

Six things to reflect on for creditors considering a share pledge enforcement

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In the current market, investors are increasingly considering their options in relation to the stressed and distressed credits in their portfolios. Whilst mindful of stakeholder relationships, secured lenders may, in some...more

White & Case LLP

Late rally softens leveraged loan landing

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A strong finish to 2023 helped to boost global leveraged loan issuance at the end of an otherwise rocky year for all key markets. The last 12 months were incredibly challenging for banks, investors and borrowers, as elevated...more

Strafford

[Webinar] Financing-Related Provisions in Acquisition Agreements - March 13th, 1:00 pm - 2:30 pm EDT

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This CLE course will provide an overview of critical financing-related provisions in acquisition agreements from multiple perspectives and provide a conceptual understanding of how the provisions in question interplay with...more

White & Case LLP

The 3rd Fintech Epoch: Europe’s first-movers drive M&A amid tightened purse strings

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UK & European Financial Services M&A: Sector trends H2 2022 | H1 2023 — Fintech - Whilst many European start-ups have struggled to successfully execute funding rounds at valuation levels of yesteryear, more mature fintechs...more

Goodwin

Debt Download - July 2023

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Welcome to Debt Download, Goodwin's monthly newsletter covering what you need to know in the leveraged finance market. Are the debt capital markets this summer as hot as the weather? Read on to find out!...more

Proskauer Rose LLP

Private Credit Deep Dives - Change of Control

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After the unprecedented boom of the immediate post‑COVID era, European M&A activity has slumped in recent months. Indeed, recent market intelligence from Dealogic showed that Q1 of 2023 in EMEA saw a 68% decline in M&A volume...more

Buchalter

Distressed Startups: A Bankruptcy Lawyer’s Perspective

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Turmoil in the tech ecosystem and escalating sentiment that a recession in the U.S. might occur in the near-term, indicate that startups, their lenders, and investors may soon confront extreme financial challenges – and will...more

Clark Hill PLC

2022 Cannabis Year-in-Review and a Look Ahead for 2023

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Co-Chairs of Clark Hill’s Cannabis Industry Group, Sander Zagzebski and Robert Hoban, sit down to discuss last year's flurry of M&A activity, how the industry navigated the 2022 capital dearth, and some thrilling legal,...more

White & Case LLP

US leveraged finance slows in turbulent market

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US leveraged loan and high yield bond markets saw significant declines in issuance in 2022, as macroeconomic and geopolitical uncertainty drove up borrowing costs, dampened risk appetite and significantly reduced M&A...more

White & Case LLP

M&A and buyouts— slowing the pace

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HEADLINES - - M&A leveraged loan issuance in Western and Southern Europe is down 69 per cent year-on-year, while high yield is down 81 per cent -Buyout loan and high yield bond issuance is down by 9 per cent and 52 per...more

White & Case LLP

Five factors that will influence leveraged finance in 2023

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European leveraged finance markets have been completely reconfigured in the past 12 months. Inflation, rising interest rates and geopolitical uncertainty have squeezed liquidity and seen high yield bond and leveraged loan...more

White & Case LLP

Hitting the brakes: European leveraged finance battens down the hatches

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European leveraged finance markets saw significant inertia through the course of 2022 as high inflation, rising interest rates and cooling M&A activity put the brakes on leveraged loan and high yield bond issuance. How will...more

Skadden, Arps, Slate, Meagher & Flom LLP

US M&A Levels Remain Healthy, but Due Diligence and Deal Protections Will Become Even More Critical

Acquisition market participants in the U.S. approached dealmaking with greater caution in 2022 than they did in 2021. Steadily rising interest rates and financing costs, persistent inflation, geopolitical uncertainty,...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Playbook for Borrowers Facing Economic and Debt Market Pressures

The U.S. capital markets have experienced significant volatility since the arrival of COVID-19. After lockdowns resulted in a short recession in early 2020, the markets reopened in booming fashion, with M&A, equity and debt...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden’s 2023 Insights – Five Critical Areas for the Year Ahead

The pandemic’s impact may be subsiding, but businesses are encountering new challenges across the globe, including the potential for an economic retrenchment, rising interest rates, shifting regulatory and litigation...more

White & Case LLP

Buyout issuance leads the way despite a choppy M&A market

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Lender appetite for US buyout opportunities remained resilient in the first half of 2022 despite a volatile macro-economic backdrop and a decline in activity across the wider leveraged finance market....more

White & Case LLP

Sector trends - July 2022: Consumer Finance

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BNPL steals the show—20 successful European BNPL provider funding rounds in the past 12 months, covering the full spectrum from Seed through to late-stage.     New entrants and disruptors across Europe are likely to...more

Venable LLP

Event in Review: Healthcare Private Equity Deals ’22 - Where Have We Been, Where Are We Going?

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In a recent live event at our New York office, Venable partner Ari Markenson led a panel discussion that explored the state of middle-market healthcare services investments and the deal environment. The panelists - David...more

Latham & Watkins LLP

Analysis: Impact of French Ordinance Relating to Guarantees and Security in Respect of Annual Information Obligation

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The Ordinance’s extension to grantors of French law security interests in rem is likely to have a practical impact on lenders. Key Points: ..The obligation of lenders to provide grantors of cautionnements (guarantees)...more

White & Case LLP

Financing likely to continue largely as is, despite inflationary worries

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Flexible and attractively priced financing has been a driving force of the M&A market for a number of years now, a trend that even the pandemic did not reverse. Persistently low interest rates have helped keep borrowing costs...more

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