Pepper Hamilton partner Gregory J. Nowak hosted another virtual Investment Management and Private Funds Roundtable. Mr. Nowak was joined by Mark Dabertin, special counsel at Pepper Hamilton, to discuss the crossroads of alt finance and the U.S. securities laws. Topics to be discussed include: - What is a merchant cash advance transaction and how should it be structured? - What are the key features for enforceability? Could a merchant cash advance transaction be a security? - What is a...By: Pep...
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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of construction work, and changes to relevant court filing deadlines....By: Ballard Spahr LLP
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Many companies will consider selling their offshore captives/GICs in the wake of COVID-19, especially those in industries hard hit by the pandemic. Large outsourcing vendors are interested in acquiring offshore captives/GICs to secure long-term services agreements with companies....By: Pillsbury Winthrop Shaw Pittman LLP
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Introduction - Those entering into new construction contracts should include custom language addressing the parties’ respective rights and responsibilities related to COVID-19....By: Seyfarth Shaw LLP
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The fifth of a six-part series examining six specific and evolving rights plan provisions. As discussed in greater detail in some of our prior articles, a shareholder rights plan is a protective measure used by a public company to deter (though not necessarily prevent) a stockholder from exceeding a specified ownership percentage without prior approval from the company’s board......By: Morrison & Foerster LLP
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With the uncertainty of COVID-19 impacting construction projects in new and unfamiliar ways, choosing the right construction contract format has never been more important. A cost-plus contract — also known as a cost-reimbursement contract — can offer an attractive project format in the current construction environment. Defining project costs and expense using projected and agreed upon costs can be particularly attractive for both owners and contractors in roiling social and economic...By: Faeg...
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Our team of M&A and project finance partners will discuss some key tips in maximizing efficiency in executing on the acquisition and financing of renewable energy projects, including: - Planning for tax equity in acquisition documentation - Projects with existing or proposed project-level or back-levered debt - Areas of focus in project documents - Financing structures and issues in front levered / back levered financings, including issues in procuring debt financing prior to TE commitment....
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On January 28, 2020, Senator Lindey Tippins introduced Georgia Senate Bill 315 (the “Lien Bill”), which, if enacted, will substantially change the way Georgia treats mechanics and materialmen lien claimants who furnish the statutory interim and final lien waivers to upstream parties, but do not receive payment....By: Seyfarth Shaw LLP
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As previously reported in this Cooley PubCo post, on May 21, the SEC adopted final amendments to the financial disclosure requirements for the acquisition and disposition of businesses. One change relating to the use of abbreviated financial statements stands out as a welcome reform for public or pre-public biopharma and life sciences companies....By: Cooley LLP
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As the coronavirus (COVID-19) spread around the world, most businesses were forced to close their doors temporarily and take steps towards working virtually. However, the U.S. construction industry, deemed “essential” by nearly every stay-at-home order issued throughout the country, kept operating and kept building. After all, construction does not occur “virtually.” While many viewed the…...By: Bradley Arant Boult Cummings LLP
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