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Mintz’s Sell-Side Series: Preparing Today for Tomorrow's Sale — Week 1
March 3, 2022 | Article
Read Week 1 of Mintz’s Sell-Side Series, Pre-Planning: Developing Your Goals and Defining Your Game Plan, for tips on setting goals for an eventual sale, building an external and internal team, managing employee relationships, and getting organized.
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Delaware Supreme Court Upholds Advance Waiver of Statutory Appraisal Rights — Affirms Key Component of “Drag Along” Critical for M&A Exits for Venture-Backed Companies
November 23, 2021 | Alert | By Matthew Gardella, Brendan J. Chaisson
This alert discusses the Delaware Supreme Court’s decision in Manti Holdings v. Authentix Acquisition Co. that upheld the enforceability of an advance waiver of statutory appraisal rights by common stockholders.
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Redefining “Business as Usual” in the Time of COVID
June 24, 2021 | Advisory | By James M. McKnight
This advisory discusses how courts could interpret common terms in merger agreements, including material adverse change (MAC), material adverse event (MAE), and force majeure clauses and ordinary course of business covenants, in light of the COVID-19 pandemic.
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Congress Pierces the Veil and Establishes Beneficial Ownership Reporting Requirements for U.S. Companies
March 29, 2021 | Advisory | By Zachary Liebnick
Read about the Corporation Transparency Act, which will require many businesses and companies to disclose their beneficial ownership information to the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN).
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IRS Issues Final Regulations on Taxation of Carried Interest Under Section 1061
January 13, 2021 | Alert | By David Salamon
IRS Issues Proposed Regulations on Taxation of Carried Interest Under Section 1061
August 12, 2020 | Alert | By David Salamon
Read about IRS and Treasury Department proposed regulations addressing the application of Section 1061 of the U.S. Internal Revenue Code of 1986, as amended.
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Federal Reserve Main Street Lending Program: Updates, Timing and Certain Considerations
June 12, 2020 | Advisory | By Joseph Price, Joseph J. Ronca
This article discusses updated documentation and timing for the Federal Reserve Main Street Lending Program and certain considerations for companies considering borrowing under the program.
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Delaware Bankruptcy Court Rules that Shareholder Cannot Enforce “Golden Share” Blocking Right to Dismiss Bankruptcy Filed Without its Consent
May 27, 2020 | Blog | By Tim McKeon
As the COVID-19 pandemic continues to disrupt businesses and markets, and companies begin to look to bankruptcy courts for relief from the resulting liquidity and operational distress, the issue of creditor and shareholder “blocking rights” seems likely to become an important topic as parties attempt to protect their investments.
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IRS Provides Tax Relief Relating to Travel Disruptions Due to the COVID-19 Pandemic
May 20, 2020 | Advisory | By David Salamon
This article outlines Treasury Department and IRS tax relief available to individuals and businesses affected by travel disruptions related to the COVID-19 pandemic.
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Revised Federal Reserve Main Street Lending Program: Terms and Key Considerations
May 18, 2020 | Advisory | By Joseph Price, Joseph J. Ronca
This article discusses the recent revisions to the Federal Reserve’s Main Street Lending Program; borrower considerations regarding eligibility and access to the program; implications of certain covenants and restrictions; and considerations under existing debt documents.
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Does the Coronavirus Change the Material Adverse Event Clause for Mergers & Acquisitions?
May 7, 2020 | Alert
Read about considerations for drafting material adverse change clauses in mergers & acquisitions in light of uncertainties associated with the COVID-19 pandemic.
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SEC Brings Action Against Company and its CEO for Alleged COVID-19 Scam
April 30, 2020 | Blog
In what will likely be the first of many, the SEC brought an action against a company for false and misleading press releases related to the COVID-19 pandemic.
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The CFTC and NFA Issue No-Action Relief to FCMs and Introducing Brokers in Calculating Net Capital After Receiving of Covered PPP Loans under the CARES Act
April 24, 2020 | Blog | By Therese Doherty, Jason Burrell
On April 23, 2020, the CFTC announced a targeted no-action relief to certain market participants from compliance with net capital treatment of covered loans received under the Paycheck Protection Program (PPP) pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
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FINRA Issues Guidance on Net Capital Treatment of PPP Loans under the CARES Act
April 17, 2020 | Blog | By Pete Michaels
In its online forum regarding COVID-19/Coronavirus, FINRA has issued guidance related to PPP loans.
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The Federal Reserve Main Street Lending Program: Terms and Key Considerations
April 14, 2020 | Advisory | By Joseph Price, Joseph J. Ronca
This article discusses the Federal Reserve’s Main Street Lending Program, including eligibility; impacts on debt service, capital structure, and strategic planning; and potential obstacles under existing debt and other agreements.
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Middle Market Private Equity Fund Strategies for Managing Portfolio Company Defaults
April 10, 2020 | Advisory | By Joseph Price, Matthew B. Gautier
This advisory reviews strategies that sponsors and their portfolio companies can use to manage defaults, including proactive measures to avoid default, amendments and waivers to realign with a company’s revised outlook, sponsor support through equity cures, and lender forbearance.
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M&A in the COVID Era – Part III – A Dealmaker’s Guide to Post–COVID-19 Purchase and Sale Agreements
April 7, 2020 | Advisory | By Matthew T. Simpson
This advisory provides a drafting guide for purchase and sale agreements in the post–COVID-19 era.
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M&A in the COVID Era – Part II – Debt Financing Opportunities for Middle Market PE Funds
April 6, 2020 | Advisory | By Joseph Price, Matthew B. Gautier
This article reviews debt financing opportunities available to investors in a down market and the pros and cons of each type of financing.
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IRS Issues Guidance for CARES Act Employee Retention Credit
April 3, 2020 | Alert
Read about recently issued IRS guidance related to the employee retention credit enacted in the Coronavirus Aid, Relief and Economic Security (“CARES”) Act.
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The CARES Act: A Summary Overview of Federal Tax Changes Affecting Businesses
April 1, 2020 | Alert | By David Salamon
This alert provides an overview of how the CARES Act, signed on March 27, 2020, eases tax burdens on businesses to increase their short-term liquidity as they deal with impacts of the COVID-19 pandemic.
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