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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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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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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, Daniel B. Bosworth

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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Bankruptcy & Restructuring Viewpoints Thumbnail
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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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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Mergers & Acquisitions Viewpoints Thumbnail Image
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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Insurance and Financial Services Thumbnail
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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Insurance and Financial Services Thumbnail
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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Insurance and Financial Services Thumbnail

FINRA Issues Guidance on Net Capital Treatment of PPP Loans under the CARES Act

April 17, 2020 | Blog | By Pete Michaels, David L. Ward

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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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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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 Roy Gillig, 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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Pre-Closing Covenants: Operating in the Ordinary Course of Business

January 29, 2020 | Article | By Nicholas V. Perricone

Read about issues to consider when drafting or negotiating transaction agreements with covenants to operate in the “ordinary course” of business between signing and closing.
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Technology Viewpoints Thumbnail
This alert takes a detailed look at the additional guidance issued by the IRS on October 9, 2019 on the tax treatment of cryptocurrency.
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