North America: Finance and Banking

Representations and warranties insurance (“RWI”) for mergers and acquisitions (“M&A”) is more accessible than ever due to increasing democratization in the market.

You have found a business you want to buy. The seller has an existing SBA loan with a solid interest rate, and the idea of simply stepping into their shoes — taking over the loan along with the business — sounds...

Nordic bonds have evolved from a regional niche into a credible alternative for acquisition financings across Europe, the United States, and Asia-Pacific. This financing framework offers institutional investors...

Confidence in the maritime sector's long-term fundamentals remains strong despite ongoing geopolitical and economic uncertainty. Key differentiators include resilience through strong balance sheets, speed and certainty of execution in financing decisions, and expanding investment opportunities beyond traditional vessel finance into ports, terminals and broader maritime infrastructure assets.

British Columbia's First Nations Equity Financing Program is now accepting applications, offering up to $1 billion in loan guarantees to support First Nations acquiring equity ownership in revenue-generating projects within their traditional territories. The Program aims to position First Nations as equity partners in economic development while reducing borrowing costs and unlocking access to capital for major infrastructure and resource projects.

Ontario's local distribution company sector faces unprecedented consolidation pressure driven by $30 billion in capital requirements for grid modernization. Municipal governments selling utility assets must navigate the "windfall trap"—political pressure to spend proceeds on short-term projects rather than preserving long-term value. Strategic deployment of sale proceeds into independent endowment funds offers municipalities a path to convert depreciating infrastructure into perpetual revenue streams

Understanding the critical role of investor notices in capital call facilities involving Cayman exempted limited partnerships is essential for fund finance participants.

Valuations and fairness opinions have become essential tools in fund finance transactions as deals grow more complex. This analysis explores how these independent third-party assessments help fund sponsors, limited partners, and lenders navigate conflicts of interest, satisfy fiduciary duties, and establish transparent pricing in continuation vehicles, NAV lending, and affiliated asset transfers.

As the fund finance market evolves beyond traditional single-tranche credit facilities, understanding the critical distinctions between lien subordination and payment subordination becomes essential for structuring complex financings.

Nasdaq has implemented a new continued listing requirement establishing a $5 million minimum Market Value of Listed Securities threshold, creating immediate delisting risk for companies that fall below this level for 30 consecutive business days. Unlike traditional compliance deficiencies that offer cure periods, this rule triggers automatic suspension without advance warning, fundamentally altering the risk landscape for micro-cap and financially distressed public companies.

Nasdaq has introduced a new minimum Market Value of Listed Securities (MVLS) requirement of $5 million that carries no cure period and results in immediate suspension upon breach. Unlike other listing standards, companies that fall below this threshold for 30 consecutive business days face delisting without the typical grace period to regain compliance. This analysis examines the rule's mechanics, its implications for microcap public companies, and strategic options available to maintain compliance.

The U.S. Securities and Exchange Commission has approved Nasdaq's new continued listing requirement mandating companies maintain a market value of listed securities of at least $5 million. Companies falling below this threshold for 30 consecutive business days face immediate trading suspension and delisting proceedings with no cure period. What strategic alternatives should listed companies consider to navigate this unprecedented regulatory change?