News & Analysis as of

Financing Fiduciary Duty

Patton Sullivan Brodehl LLP

Operating Agreement Doesn’t Excuse Breach of Fiduciary Duty

Many posts on The LLC Jungle blog have focused on the fiduciary duties owed by LLC managers to both the LLC’s members and the LLC itself. Other posts have focused on the pitfalls of LLC Operating Agreements that fail to...more

Cadwalader, Wickersham & Taft LLP

Cascading Into Spring March 2024 - Cascading Security

With the increasing complexity of fund structures and the growing prevalence of US Pension Funds in the European market, we have seen an uptick in the number of queries particularly from European banks and funds around how to...more

Davies Ward Phillips & Vineberg LLP

Canadian Mergers & Acquisitions: A Guide for Investment Banks, Bidders and Boards, 10th edition

Davies’ Canadian Mergers & Acquisitions guide draws on our substantial cross-border M&A experience to offer guidance on both the legal framework and practical aspects of Canadian mergers and acquisitions, including critical...more

Wyrick Robbins Yates & Ponton LLP

Down Rounds – What Are They and How to Mitigate Litigation Risk

“Down rounds” and why they are contentious - Early-stage companies often raise capital in multiple rounds.  While founders and investors hope that a company’s valuation is on a one-way trip upwards, the next round could be...more

ArentFox Schiff

Swap Transactions: What Is an IRMA? When Are IRMAs Necessary?

ArentFox Schiff on

Many nonprofits are presented by lenders with an option to enter into an interest rate swap or cap when pursuing long-term financing or modifications to existing long-term financing. Mainly in response to abusive...more

Mintz Edge

Insight: Important Matters to Consider When Facing a Possible Down Round Financing

Mintz Edge on

The financial press has been reporting that investors are concerned that the United States economy may be heading toward a recession. In light of this and other factors creating uncertainty in the financial markets,...more

Hogan Lovells

How the Leveraged Finance market is evolving to encompass ESG factors

Hogan Lovells on

The year 2019 has seen responsible business, climate change and impact financing feature high on the agenda with increasing focus on the sector by investors, regulators, trade bodies and financial institutions. As a result,...more

Morris James LLP

Proxy Puts: Consider With Caution

Morris James LLP on

Directors of a Delaware corporation that enters into a financing agreement with a lender may breach their fiduciary duties if the financing agreement contains a common provision allowing the lender to accelerate and demand...more

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