Erik A. Lopez

SEPTEMBER 23, 2015

In this post on The M&A Lawyer Blog, I will: introduce the concept of Material Adverse Effect and explain its principal functions, present pro-buyer and pro-seller versions of MAE definitions and explain how, and why, they differ, including with respect to forward-looking language and common qualifications, and.

Net Debt 52

Net Debt EBIT Marketability Specific Risk 52

Chris Mercer

MARCH 7, 2024

Items on the list may or may not be applicable in specific valuation situations. The purpose and definition of the valuation engagement in accordance with BVS–I General Requirements for Developing a Business Valuation, including the applicable standard (type) and premise of value. The following list is not intended to be all-inclusive.

Dividends 52

Dividends Appraisal Terminal Value Marketability 52

Reynolds Holding

FEBRUARY 20, 2023

2] The proposed rule includes within the definition of “asset-backed security” any ABS within the meaning set forth in Section 3 of the Securities Exchange Act of 1934 (the “Exchange Act”), as well as any synthetic ABS. Liquidity commitments. ENDNOTES [1] 15 U.S.C. § 15 U.S.C. § 78c(a)(79).

Marketability 45

Marketability Compliance Specific Risk 45

Cooley M&A

OCTOBER 29, 2018

Akorn also argued that Fresenius assumed the risk of the events that caused Akorn’s business performance to decline, but this too was rejected as the events were deemed to have been unexpected. The Delaware Court of Chancery will honor the allocation of risk built into the MAE definition.

Compliance 52

Compliance EBITDA Specific Risk Marketability 52

Musings on Markets

FEBRUARY 10, 2021

There are multiple definitions that you will see offered, from it being the cost of raising capital for that business to an opportunity cost , i.e., a return that you can make investing elsewhere, to a required return for investors in that business. What is a hurdle rate for a business?

Risk-free Rate 52

Risk-free Rate Risk Premium Start-ups Equity 52

Class VI Partner

JULY 25, 2021

We have a sample due diligence request list in the back of our book Harvest: The Definitive Guide to Selling Your Company , or you can find them online. CoPilot will help you identify what specific risks your business has that decrease company value. 8. Put your story together. How do you make your story stand out?

Start-ups 52

Start-ups Banking Marketability Specific Risk 52

Audit Board

JANUARY 12, 2023

Data Processing Scope – Identifying the specific assets, processing environments, and storage environments in which each type of data is handled. Specific Framework Requirements – Identifying specific risk management requirements of any frameworks in scope for the cybersecurity risk management program.

Compliance 97

Compliance Start-ups Asset-based Approach Specific Risk 97

Brian DeChesare

JULY 27, 2022

Credit Hedge Fund Definition: Credit hedge funds buy and sell fixed-income securities, such as high-yield bonds, distressed bonds, structured credit, and their derivatives; they profit by setting up trades that reduce one type of credit risk while betting on mispriced securities whose prices are likely to change in the future.

Equity 52

Equity Start-ups Private Equity Firm Beta 52

Reynolds Holding

OCTOBER 5, 2022

On June 30, 2022, in a 6-3 split decision, the Supreme Court held that the Environmental Protection Agency (“EPA”) lacks the authority to change the Clean Air Act’s definition of “best system of emission reduction.” 2. Failure To Disclose Specific Risks. EPA Decision Could Impact SEC’s Proposed Climate Disclosure Rule.

Start-ups 72

Start-ups Marketability Equity Compliance 72

Reynolds Holding

FEBRUARY 1, 2023

The Executive Order specifically instructs CFIUS to consider the following national security factors: the effect on the resilience of supply chains, potential harm to U.S. Parties have traditionally accounted for regulatory uncertainty through deal mechanics, including detailed regulatory commitments and reverse breakup fees. persons.

Finance 45

Finance Equity Technology Banking 45

Reynolds Holding

MARCH 27, 2023

We examine environmental, social, and corporate governance (“ESG”) Although too early to identify definitive trends in this area, we survey the types of ESG allegations that are being filed and report on notable decisions. Failure To Disclose Specific Risks In re Talis Biomedical Corp. Greenwashing/Climate Change Fagen v.

Technology 59

Technology Start-ups Compliance Finance 59

Reynolds Holding

AUGUST 9, 2023

General market risk is the risk of loss that could result from broad market movements, such as changes in the general level of interest rates, credit spreads, equity prices, foreign exchange rates, or commodity prices. This market risk measure is used to adjust an organization’s total RWAs.

Banking 52

Banking Market Risk Marketability Finance 52