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Leveraged Buyout

White & Case LLP

Leveraged Loan Markets Set For Strong Finish To 2025

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Green shoots in the M&A market have provided a timely boost for leveraged loan issuance, putting the market on track to end the year strong - US leveraged loan issuance is energizing the global debt capital markets, with...more

Eversheds Sutherland (US) LLP

Treasury and IRS Issue Final Regulations on the Stock Repurchase Excise Tax: Key Changes for M&A and Foreign Affiliates

The IRS and Treasury have issued final regulations (TD 10037) that eliminate stock repurchase excise tax exposure for M&A transactions, take-privates, and leveraged buyouts – a major win for deal structuring. The rules also...more

Proskauer Rose LLP

Overview and comparison of the broadly syndicated loan and private credit markets

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Leveraged finance has experienced notable shifts in recent years, driven by the rapid expansion of private credit and the continued evolution of the broadly syndicated loan (BSL) market. Once clearly separate in structure,...more

White & Case LLP

One Way or Another: On the Structural Trajectory of Loan Documentation

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When Gatsby stands at the edge of his lawn, gazing across the bay at the green light on Daisy Buchanan's dock, that lamp promises his imagination that time itself might be reversed. History will relent and desire bend the...more

Ropes & Gray LLP

U.S. Private Equity Market Recap - October 2025

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Take privates: The number of take-private deals jumped in Q3 2025, reaching the highest quarterly total since Q2 2022. YTD deal value for take privates has already surpassed the full-year totals for both 2024 and 2023. Exits:...more

Goodwin

Creative Structures: Leveraging Innovative Terms

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In a market in which attractive assets draw fierce competition, smart buyers are finding ways to stand out through value creation rather than higher prices....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Private Equity Throws FCA Enforcement Off-Kilter

Over the last 15 years, private equity (“PE”) firms have invested hundreds of billions of dollars in the healthcare sector, infiltrating every corner of the industry from emergency rooms and labs to billing providers and...more

Ropes & Gray LLP

U.S. Private Equity Market Recap - January 2025

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U.S. PE deal activity: Deal activity was slightly down in 2024 with a 3% YoY decline, while deal value was up 14%. Transaction activity did not make the strong comeback dealmakers were hoping for in 2024 as investors...more

DLA Piper

Second Circuit Rules Bankruptcy Code’s “Safe Harbor” Provision Preempts State Law Fraudulent Transfer Claims

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On September 19, 2024, the US Court of Appeals for the Second Circuit issued a summary order in which it held that the “safe harbor” provision of Section 546(e) of the Bankruptcy Code preempted a bankruptcy trustee’s state...more

Mintz - Securities & Capital Markets...

Proposed Treasury Regulations Provide Guidance on Stock Buyback Excise Tax for Redemptions and M&A Transactions

On April 12, 2024, the Treasury Department and Internal Revenue Service (IRS) issued proposed Treasury Regulations (REG-115710-22) providing comprehensive guidance for applying the one-percent excise tax owed on corporate...more

McDermott Will & Schulte

Credit Conditions | March 2024

Higher interest rates presented a challenging environment for dealmakers and the debt markets in 2023. But what does 2024 have in store? In this edition of Credit Conditions, we look back at last year’s key market trends and...more

Cadwalader, Wickersham & Taft LLP

KYC – “Know Your Customer,” or Agent, or Financial Institution, to Qualify for the Bankruptcy Code Safe Harbors

Parties structuring certain financial transactions to comply with the Bankruptcy Code safe harbor provisions, including protections from the avoidance powers in Section 548 of the Bankruptcy Code, must be cognizant of recent...more

Proskauer Rose LLP

Retailer’s Status as a “Financial Institution” Immunizes $1 Billion Fraudulent Transfer

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When leveraged buyouts (“LBOs”) fail, the selling shareholders are litigation targets. A common suit is a claim by a bankruptcy trustee asserting constructive fraudulent transfer claims seeking to claw-back payments to the...more

MoFo Tech

What's The Forecast For Tech M&A?

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Morrison Foerster is pleased to share with our clients and friends the results of our 2023 Tech M&A Survey, published in conjunction with Mergermarket. Mergermarket surveyed 300 dealmakers from around the world in order to...more

Stikeman Elliott LLP

Employee Ownership Trusts: A Potential New Option for Sellers of Canadian Businesses

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Employee ownership trusts (EOTs) may soon become one additional avenue for Canadian business owners looking to sell their enterprises. The goal of EOTs is to enable owners to effectively sell their businesses to their...more

Goodwin

Debt Download - February 2023

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Welcome to Goodwin's Debt Download, our monthly newsletter covering what you need to know in the leveraged finance market. We hope you’re staying warm during the winter doldrums....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

Goodwin

Debt Download - January 2023

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Welcome to Debt Download, Goodwin’s monthly newsletter covering what you need to know in the leveraged finance market. We hope your year is off to a good start!...more

WilmerHale

New Stock Buyback Tax: Some Questions Answered, Others Remain

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One of the headline tax changes in the Inflation Reduction Act of 2022, Public Law 117-169, is a 1% excise tax on stock repurchases by public companies. New Section 4501 of the Internal Revenue Code applies a non-deductible...more

Goodwin

Debt Download - December 2022

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In the inaugural edition of Debt Download, we covered recent trends in the U.S. debt finance markets. This month, we take a look at what’s happening in the U.K. and Europe....more

McDermott Will & Schulte

[Event] Boot Camp For Private Equity Professionals 2022 - September 14th, Chicago, IL

If you are an entry or mid-level private equity investor, you undoubtedly work with lawyers and deal documents all the time. To help sharpen your skills, McDermott is thrilled to bring back our Chicago Boot Camp for Private...more

Morgan Lewis

Tribune: Lessons Learned and Relearned

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This is how Tribune ends: not with a bang, but a whimper. The 12-year litigation saga, rooted in the spectacular failure of the media and sports conglomerate’s 2007 leveraged buyout, reached an end in late February with a...more

McGuireWoods LLP

U.S. Supreme Court Declines Review Ending Shareholder Fraudulent Transfer Litigation in Tribune

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After more than a decade, litigation resulting from the failed leveraged buyout (LBO) of media giant Tribune Company has finally drawn to a close. On Feb. 22, 2022, the U.S. Supreme Court declined to review the latest...more

Jones Day

Another New York District Court Widens the Bankruptcy Code's Securities Contract Safe Harbor

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In 2019, the U.S. Court of Appeals for the Second Circuit made headlines when it ruled that creditors' state law fraudulent transfer claims arising from the 2007 leveraged buyout ("LBO") of Tribune Co. ("Tribune") were...more

Latham & Watkins LLP

The Acquisition and Leveraged Finance Review, 8th Edition - United States

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It is fair to say that the acquisition and leveraged finance industry has shown resilience in relation to the difficult global situation arising from the covid-19 pandemic, particularly in comparison to the previous global...more

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