News & Analysis as of

Closing Date

Rivkin Radler LLP

Structuring Your Dental Practice Transaction and Elements of the Purchase Agreement

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In our previous article, we described the due diligence process, including what a buyer would look for in your practice. Once due diligence is under way, the next step is the purchase agreement, which is usually prepared by...more

Tonkon Torp LLP

Avoid the Rush – Preparing for Pacing Items in Real Estate Financing

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Real estate developers and owners typically need to close their finance transactions as quickly as possible. Nonetheless, the closing frequently slips a few weeks from the target date. Actively managing the pacing items for...more

J.S. Held

GAAP Compliance and an M&A Selling Party’s Closing Date Balance Sheet

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Post-acquisition Mergers & Acquisitions (“M&A”) disputes are often caused by the timing of a transaction closing and the subsequent true-up of the estimated closing date balance sheet. However, with adequate planning and...more

Fox Rothschild LLP

Del. Supreme Court Affirms Court of Chancery’s Decision in AB Stable

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The Delaware Supreme Court opinion in AB Stable VIII LLC v. MAPS Hotels and Resorts One, LLC, et al., No. 71, 2021, (Del. Dec. 8, 2021), considers whether a business’s response to the COVID-19 pandemic violated an “ordinary...more

McCarter & English, LLP

Commercial Real Estate Closings Move Forward During COVID-19 Pandemic-UPDATED April 15 2020

Although the COVID-19 pandemic is requiring changes in standard practices, many commercial real estate transactions are continuing to close—albeit with various logistical adjustments. To help keep closings on track, we...more

Mayer Brown Free Writings + Perspectives

US SEC Announces Flexibility in Comment Period Closing Dates Due to COVID-19 Challenges

The US Securities and Exchange Commission (“SEC”) recently announced that it will not take final action before April 24, 2020, regarding the following five proposed actions, which have comment periods expiring in March, to...more

Bricker Graydon LLP

COVID-19: Practical suggestions for business transactions and loan closings

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As everyone adjusts to the various governmental containment strategies and business continuity procedures adopted in response to the COVID-19 pandemic, parties working on business transactions or loan closings will need to...more

Herbert Smith Freehills Kramer

"Time Is On My Side" - When a "Time of the Essence" Closing Date Keeps Rolling Like a Stone for 60 Days

The recent decision of the Bankruptcy Court for the Southern District of New York in In re AAGS Holdings LLC, Case No. 19-13029 (SMB) (Bankr. D. Del. Nov. 12, 2019), underscores the ability of debtors — and specifically, for...more

Herbert Smith Freehills Kramer

"Time Is On My Side" — When a "Time of the Essence" Closing Date Keeps Rolling Like a Stone for 60 Days

The recent decision of the Bankruptcy Court for the Southern District of New York in In re AAGS Holdings LLC, Case No. 19-13029 (SMB) (Bankr. D. Del. Nov. 12, 2019), underscores the ability of debtors — and specifically, for...more

Lowndes

The Risks Of Unnecessary Fla. Property Improvement Notices

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There’s no doubt about it, the U.S. real estate market is strong. With low interest rates and low unemployment rates, it is not surprising that the National Association of Realtors included parts of Florida among the top 10...more

Williams Mullen

[Webinar] The Intersection of Rep & Warranty Insurance and Delayed Closings - December 10th, 11:00 am ET

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Join Williams Mullen Partners Jon Bliley and Hal Johnson as they discuss the issues that may arise should you face a transaction with a delayed closing where a rep and warranty policy is the buyer’s sole source of...more

Ballard Spahr LLP

HUD issues new guidance regarding delayed submission of RAD draft closing packages

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Please find below a memo issued last week by HUD’s Office of Recapitalization regarding the delayed submission of draft closing packages for RAD conversions. ...more

McCarter & English, LLP

Delaware Law Updates – The Court of Chancery Determines $2 Billion Dispute Is One for an Independent Auditor to Decide

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In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC, C.A. No. 12585-VCL (Del. Ch. Dec. 5, 2016), the Court of Chancery granted a buyer’s motion for judgment on the pleadings, holding that the plain...more

Morgan Lewis

Delaware Secretary of State’s Office Closing for Four Days During US Labor Day Holiday

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We strongly urge our clients to consider closing dates, lien lapses, and other filings or deadlines. The Delaware Secretary of State has advised that as a result of a major computer system transition at the Division of...more

Buchalter

Closing Protection Letters: Overlooked Indemnity Coverage For Common Foreclosure Defense Claims

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Mortgage lenders are all too familiar with borrowers’ assertions that they did not receive two properly dated copies of the Truth-In-Lending Act (“TILA”) mandated Notice of Right to Cancel form (“NORTC”) at closing. Under...more

Ballard Spahr LLP

Third Circuit TILA rescission decision adopts CFPB position

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The Third Circuit has now joined the Fourth Circuit in ruling that a lawsuit seeking rescission filed more than there years after loan consummation is timely as long as the borrower sent a written notice of rescission within...more

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