United States: Acquisition Finance/LBOs/MBOs

Sponsors and corporates face an increasingly complex legal and regulatory landscape when implementing hedging strategies in debt financings. This comprehensive guide examines the critical coordination required between treasury, legal teams, financial advisors and hedge providers to navigate ISDA documentation, regulatory compliance under EMIR and Dodd-Frank, and deal-contingent structures.

In leveraged and asset-based lending, the unitranche structure offers a sophisticated approach to allocating risk and return among lenders within a single credit facility. How do first out and last out arrangements work in practice, and what critical provisions should lenders negotiate to protect their interests? This analysis examines the mechanics, economic features, and key considerations that inform participation decisions in these increasingly popular financing structures.

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

By now, most of us involved in private equity scenarios are well aware of the significant upside potential that add-on acquisitions can bring when executed successfully—such as enhanced revenue growth, improved cost...

On April 12, 2024, the U.S. Department of the Treasury (the Treasury) and the U.S. Internal Revenue Service (IRS) published two sets of proposed regulations...

On April 12, 2024, the Department of the Treasury and the IRS published proposed regulations regarding the application of the stock repurchase excise tax under § 4501 of the Internal Revenue Code (the "Proposed Regulations").

Darío Avram is a partner in MoFo's Finance and Private Equity Buyouts & Investment Group. His practice focuses on representing private equity sponsors and their portfolio companies...

On August 14, 2020, United States District Judge Katherine Polk Failla of the United States District Court for the Southern District of New York...

Ginnie Mae's newly imposed restriction on repooling of reperforming forborne loans yet again penalizes servicers acting as essential service providers in the continuing efforts...