News & Analysis as of

Debentures

Cadwalader, Wickersham & Taft LLP

UK Court ruled debenture is void for non-registration despite there being a Companies House registration certificate

In the recent case of Re VE Global UK Ltd (In Administration) [2024] EWHC 749 (Ch), the High Court explored whether a certificate of registration issued by Companies House can be considered as conclusive evidence of due...more

Mayer Brown

Decreto 11.964/24 Regulamenta os Critérios Para Enquadramento de Projetos Prioritários de Infraestrutura

Mayer Brown on

Novo decreto estabelece regras que deverão ser observadas para o enquadramento de projetos como prioritários, reforçando a intenção de priorizar o enquadramento automático, com dispensa de análise prévia pelos ministérios...more

Troutman Pepper

More Than $1.6B in SBA Debenture Leverage Priced at 5.035%

Troutman Pepper on

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes...more

Hogan Lovells

SBIC Program Updates: SBA Proposes Technical Amendments to 2023 Reforms and Significant Change to Passive Business Rule

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In July 2023, the U.S. Small Business Administration (SBA) released sweeping reforms to the Small Business Investment Company (SBIC) program. Many of those reforms were enacted through the Small Business Investment Company...more

Mayer Brown

Brazil’s New Tax Rules for Infrastructure Investments

Mayer Brown on

Below we list some key tax legislative changes that are relevant to new investments in infrastructure projects and that are already in force or have been announced by the government and are under discussion in the National...more

Mayer Brown

Infrastructure Financing: New Options and Incentives for Financing in Brazil

Mayer Brown on

New Law No. 14,801/2024 creates infrastructure debentures, changes rules for incentivized debentures and investment funds in the sector, including tax guidelines, and promotes incentives for raising funds through the issuance...more

Cadwalader, Wickersham & Taft LLP

Crossing the U.S. Trade or Business Line

YA Global Investments, LP (“YA Global”), a foreign investment fund that provided funding to portfolio companies in exchange for stock, convertible debentures, promissory notes and warrants, engaged U.S.-based Yorkville...more

Troutman Pepper

Description of the Small Business Investment Company Debenture Program — Updated October 2023

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The SBIC Program - A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the U.S. Small Business Administration...more

Troutman Pepper

SBA’s New Rules and Policies to Strengthen and Diversify Its SBIC Program

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A small business investment company (SBIC) is a privately owned and operated investment fund that makes long-term investments in American small businesses and is licensed by the U.S. Small Business Administration (SBA). SBICs...more

Eversheds Sutherland (US) LLP

SBA modernizes the SBIC program

On July 13, 2023, the US Small Business Administration (SBA) finalized major revisions to the regulations governing the small business investment company (SBIC) program (Final Rule). The updated regulations represent the most...more

Morrison & Foerster LLP

Recent Second Circuit Decision Holds That Term Loans Are Not Securities in a Win for Participants in the Syndicated Loan Markets

In Kirschner, the Court of Appeals for the Second Circuit unanimously affirmed a district court order that held that notes evidencing term loans were not securities but rather “[l]oans issued by banks for commercial...more

Morrison & Foerster LLP - Government...

SBA Finalizes Rule To Modernize The SBIC Program

The U.S. Small Business Administration (SBA) finalized a rule to modernize the Small Business Investment Company (SBIC) Program on July 17, 2023. Part of President Biden’s Investing in America agenda, the new SBIC Investment...more

Hogan Lovells

SBA finalizes significant reforms to SBIC program - Changes introduce new Accrual SBIC for equity investors and a Reinvestor SBIC...

Hogan Lovells on

The U.S. Small Business Administration (SBA) finalized wide-ranging revisions to the regulations governing the small business investment company (SBIC) program on Thursday, July 13, 2023. Among other things, the changes...more

Polsinelli

SBA New Final Rule Establishes Accrual SBIC License and Implements Significant Changes to SBIC Regulations

Polsinelli on

The Small Business Administration (the “SBA”) published a final rule on July 18, 2023, implementing significant changes to reduce barriers to program participation and address Small Business Investment Company (“SBIC”)...more

Troutman Pepper

Description of the Small Business Investment Company Debenture Program — Updated May 2023

Troutman Pepper on

The SBIC Program - A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the U.S. Small Business...more

Troutman Pepper

Description of the Small Business Investment Company Program Participation by Unleveraged Funds — Updated May 2023

Troutman Pepper on

The SBIC Program - A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the U.S. Small Business...more

Troutman Pepper

Description of the Small Business Investment Company Program Participation by Unleveraged Funds — Updated March 2023

Troutman Pepper on

The SBIC Program - A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the U.S. Small Business...more

Troutman Pepper

Description of the Small Business Investment Company Debenture Program — Updated March 2023

Troutman Pepper on

The SBIC Program - A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the U.S. Small Business...more

Troutman Pepper

More Than $1.737B in SBA Debenture Leverage Priced at 5.168%

Troutman Pepper on

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes...more

Rivkin Radler LLP

Tax Losses Realized During the Crypto Winter

Rivkin Radler LLP on

Debacle- Understanding the etymology of a word often enables us to better understand or appreciate its use in contemporary speech. For example, the word “crypto” is derived from the Greek word “krypto,” which describes...more

Troutman Pepper

Description of the Small Business Investment Company Debenture Program (UPDATED)

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The SBIC Program A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the U.S. Small Business Administration...more

Troutman Pepper

Description of the Small Business Investment Company Program Participation by Unleveraged Funds (UPDATED)

Troutman Pepper on

The SBIC Program A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the U.S. Small Business Administration...more

Hogan Lovells

SBA announces proposed reforms to SBIC program – new Accrual SBIC for growth equity funds

Hogan Lovells on

The U.S. Small Business Administration (SBA) proposed wide-ranging revisions to the regulations governing the small business investment company (SBIC) program on Tuesday, October 18, 2022. Among other things, the proposed...more

Bass, Berry & Sims PLC

SBA Proposes Accrual SBIC Licenses and Debentures as Part of SBIC Program Reform

Bass, Berry & Sims PLC on

On October 19, the U.S. Small Business Administration (SBA) published proposed rules in the Federal Register to significantly amend the regulations governing the Small Business Investment Company (SBIC) program. The proposal,...more

Troutman Pepper

Description of the Small Business Investment Company Program Participation by Unleveraged Funds (UPDATED)

Troutman Pepper on

A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the U.S. Small Business Administration (SBA or...more

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