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Private Equity Breach of Contract

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: The Power of Merger Clauses

If you’ve ever been involved in negotiating a contract, whether for the provision of services or a $200 million energy transaction, you’ve likely seen a merger clause. They are typically universal in their use and, while the...more

Farrell Fritz, P.C.

A Bumper Crop: Cannabis Meets Business Divorce

Farrell Fritz, P.C. on

Unless you’ve been living under a rock, you’ve probably heard that a little over two months ago, New York State Governor Andrew M. Cuomo signed legislation reform advocates and stoners alike have dreamt of for decades,...more

Dechert LLP

Global Private Equity Newsletter - Fall 2018 Edition: Recent Developments in Acquisition Finance: New York’s High Court Allows...

Dechert LLP on

In an overlooked aspect of the recent New York Court of Appeals decision in Cortlandt St. Recovery Corp. v. Bonderman1, New York’s high court has allowed direct claims to move forward against two private equity firms for the...more

Dechert LLP

Global Private Equity Newsletter - Fall 2017 Edition: Recent Developments in Acquisition Finance

Dechert LLP on

A delicate balance has evolved over time in leveraged acquisitions with respect to the nature of the contractual relationship between a target and its owners, on the one hand, and the debt financing sources of the buyer, on...more

Dechert LLP

Dechert's Global Private Equity Newsletter - Summer 2017 Edition: Recent Developments in Acquisition Finance

Dechert LLP on

Basic to any acquisition and its financing are the projections of the target’s future performance. These play a key role in setting the price for the target as well as on the availability of acquisition financing. Projections...more

Dechert LLP

Global Private Equity Newsletter - Winter 2017 Edition: Is Arguing Over the Appropriate Level of Efforts Worth the Effort?

Dechert LLP on

The recent Delaware case, Williams Cos v. Energy Transfer Equity LP (No. CV 12168-VCG, (Del. Ch. June 24, 2016)), sought to provide some additional guidance on this question, but at bottom the standard adopted by the court is...more

Fenwick & West LLP

Growth Equity: Who is in Control?

Fenwick & West LLP on

As I discussed in an earlier article, growth equity (or growth capital) resides on the continuum of private equity investing at the intersection of venture capital and control buyouts. Growth capital is designed to facilitate...more

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