FERC Considers “Streamlining” Analysis of M&a Approval and MBR Authority

FERC Considers “Streamlining” Analysis of M&a Approval and MBR Authority

The Federal Energy Regulatory Commission (“FERC”), in a recent Notice of Inquiry (NOI), is exploring whether to revise its current approach to identifying and analyzing market power in the context of Federal Power Act Section 203 (utility mergers and acquisitions) and 205 (market based rate authorizations). 

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Managing the Risk of Failed Financing in M&a Transactions

By | Canadian M&A Law | September 20, 2016

In the past, a buyer that intended to fund the purchase price for an acquisition using third-party debt financing would frequently try to negotiate for a condition precedent in the purchase agreement that made its obligation to close subject to its being able to secure the third-party debt financing that it required.

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What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers

Last month, we discussed the extent to which a foreign buyer can introduce an unacceptable level of foreign ownership, control, or influence (“FOCI”) that, absent mitigation, will render the target ineligible for the facility security clearances needed to perform classified work.

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