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Pandemic-Related Deal Litigation Highlights Buyer Leverage in Transactions Requiring Debt Financing

Cooley M&A

The decisions from the court on those preliminary matters, as well as the arguments raised by legal counsel, offer some valuable lessons for sellers considering sale transactions that require debt financing, and may motivate sellers to re-evaluate certain provisions and remedies that have become customary in those transactions.

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How to Prep Your Startup's Financial Documents for Investors

Lighter Capital

Fuel your startup's future with non-dilutive debt financing Apply in minutes; get approved within days. This allows you and your investors to see how the values change if, say, you hire a new sales rep or slow down marketing efforts in the off season.

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The Twitter Buyout: Is Elon Musk a Madman or a Genius?

Brian DeChesare

If you want the full tutorial, Excel model, highlighted documents, and more about the most important technical points, keep reading: The Video Tutorial, Excel File, Documents, and More. 17:36: Part 4: Cash Flows and Debt Repayment. Twitter – Financing/Loan Document for LBO (PDF). That’s the short version.

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Sidley Discusses Chancery Opinion Highlighting Importance of Clear Integration and Non-Reliance Provisions in M&A Agreements

Reynolds Holding

In fact, one such Castle Creek debt financing document, a February 2020 loan agreement, did not permit Castle Creek to redeem its equity securities. ENDNOTE [1] The court also noted that the merger agreement expressly preserved fraud claims based on or arising out of the transaction documents.

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Exploring Venture Debt: Benefits, Risks, and Tradeoffs

Lighter Capital

The most concerning is the possibility of restrictive debt covenants. For example, if you don’t grow as fast as you anticipated, then you may not meet certain metrics required in your loan document like net income losses or coverage ratios. Before you commit to venture debt, make sure you’re comfortable with every aspect of the deal.

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SBA Loan for Business Purposes

Peak Business Valuation

To learn more about SBA financing for a small business, schedule a consultation ! To finance these activities, you can sell equity ownership or take on debt. To finance these activities, you can sell equity ownership or take on debt. For more information, see Debt vs. Equity Financing.

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Have Your Cake, and Closing Too: Invoking Prevention Doctrine, Delaware Chancery Court Grants Seller’s Request for Specific Performance in COVID-Related M&A Dispute

Cooley M&A

In reaching this order, the court applied the prevention doctrine, finding that the unavailability of buyer’s debt financing did not permit buyer to circumvent its obligation to close because buyer materially contributed to the debt financing being unavailable.