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SBA Clarifies Treatment Of PPP Loans In M&A Deals

Earlier this month, the U.S. Small Business Administration (the “SBA”) issued Procedural Notice Control No. 5000-20057 (the “Guidelines”), providing guidance with respect to M&A transactions involving entities with outstanding Paycheck Protection Program (“PPP”) facilities. This Alert summarizes the Guidelines as they relate to change of control and M&A transactions, specifically with respect to diligence review, transaction timing and SBA consent requirements......By: Cole Schotz
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Cole Schotz | Oct 28,2020 |

Remaining Vigilant: Hurricane Planning in the Construction Industry

Complicated by an unprecedented global pandemic, businesses in Florida’s construction industry have been further burdened by the anticipated challenges of an active 2020 hurricane season. Since June 1st, the industry has been braced for threats to construction sites and businesses while responding to the health and safety requirements necessary to manage COVID-19. Now facing the final stretch of hurricane season and a looming threat from Tropical Storm Zeta, Florida construction businesses...By...
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Shutts & Bowen LLP | Oct 28,2020 |

Federal Highway Construction Funding Extended for Another Year Without Long-Term Plan in Place

One of the key refrains of national politics recently has been that we need to address, repair, and replace aging infrastructure. Of course, this leads to the core problem of funding as the amount of infrastructure construction and maintenance currently needed in the U.S. is staggering. The federal government recently put off dealing with this growing problem by extending funding for federal highway and public transportation programs for one year. The current infrastructure authorization bill,.....
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DOJ Will Partner With SEC to "Lean In" on Aggressive Antitrust Policing of the Financial Services Sector

The Department of Justice Antitrust Division is intensifying its focus on the financial services sector and financial markets, and it is increasing collaboration with the Securities and Exchange Commission. Deputy Assistant Attorney General Michael Murray said in a speech on October 14 that the Antitrust Division will continue to aggressively police the financial sector for “ever complex antitrust crimes,” while also updating its practices “to adapt to the new realities of the financial...By...
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King & Spalding | Oct 27,2020 |

Distressed Real Estate During COVID-19: Mezzanine Loans Behind Construction Loans—Special Considerations and Intercreditor Agreement Provisions

Construction loans with companion mezzanine loans raise a host of concerns that are unique to more standard ICAs between a mortgage lender and a mezzanine lender. An intercreditor agreement (ICA) involving a construction loan raises a host of complicated and unique issues that are not addressed in the typical ICA....By: Pillsbury Winthrop Shaw Pittman LLP
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Sustainable Development and Land Use Update - October 2020 #4

Funding the next generation of efficient, electric, grid-interactive communities - Bullet Greentech Media – October 19 - U.S. homes and commercial buildings consume roughly two-fifths of the country’s overall energy and three-fourths of all electricity, accounting for most of the peak electricity demand that drives generation and power grid infrastructure costs......By: Allen Matkins
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Allen Matkins | Oct 27,2020 |

Healthcare & Life Sciences Private Equity Deal Tracker: Lion Equity Acquires T-Y Group and Harbor Linen

Lion Equity Partners has announced its affiliate, Lion Equity Holdings II, has acquired T-Y Group and Harbor Linen (TY-Harbor) from Bed Bath & Beyond....By: McGuireWoods LLP
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McGuireWoods LLP | Oct 27,2020 |

[Video] Williams Mullen's COVID-19 Comeback Plan: 10 Pandemic-Influenced Operations, M&A and Finance Ideas for Executives

Corporate Partner Dave Dallas provides executives with a concise and creative list of suggestions and key considerations to help guide their businesses’ COVID-19 recovery planning....By: Williams Mullen
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Williams Mullen | Oct 27,2020 |

Precautions-The "Private" Issue In Privatization Transactions

A previous article by our firm has sorted out and summarized privatization transactions. As a companion article, this article will discuss a very important but easily overlooked issue in privatization transactions. The privatization transactions of listed companies usually involve multiple major shareholders or external investors, and the company’s senior management members sometimes participate in it. In such a buyer group-led transaction, the members of the buyer group must negotiate their......
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Morrison & Foerster LLP | Oct 27,2020 |

[Video] The Affiliated Monitors Expert Podcast -Nuts and Bolts of Working with a Monitor for Defense Counsel

In this podcast I am joined by AMI Managing Director Don Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this episode, take a deep dive into the nuts and bolts of defense counsel working with a third-part independent monitor....By: Thomas Fox
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Compliance Evangelist | Oct 27,2020 |
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