As we enter into what has been proclaimed the ‘Fourth Industrial Revolution’ by the World Economic Forum, venture capital funded companies (VCFCs) continue to disrupt traditional markets, albeit under tightening investment activity.
In the context of M&A transactions, an auction is a process by which multiple buyers simultaneously bid to acquire a target.
The Market Trends Subcommittee of the Mergers and Acquisitions Committee (the ABA Subcommittee) of the Business Law Section of the American Bar Association recently released its latest edition of the Private Target M&A Deal Points Study (the US Study) which analyzes acquisition agreements for transactions completed in 2014 involving US private targets being acquired by US public companies.
2015 was a huge year for global M&A with deal activity reaching $4.2 trillion by the middle of December.
Our recent blog post, which summarized the latest editions of the US and Canadian Strategic Buyer/Public Target M&A Deal Points Study indicates that in the context of public M&A transactions, Canadian and US practices are generally fairly consistent and have not changed significantly over the past few years.
Since the third quarter of 2014, the appetite for lending to small and midsized exploration and production companies (E&P Companies) has decreased substantially for several reasons.
Disclaimers of Extra-Contractual Liability in Delaware Following Prairie Capital III, LP V. Double E Holding Corp.
Acquisition agreements in private M&A transactions frequently contain language that purports to limit the purchaser’s recourse against the seller for extra-contractual misrepresentations, even if fraudulent, in order to allocate among the parties the risk of potential post-closing losses.
The last 18 months has seen a rebirth in M&A.
According to Mergermarket’s December insider, November 2015 was a record setting month for M&A activity.