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Mergers & Acquisitions: A Strategy for High Technology CompaniesSee more results from Law Library »
A recent survey showed that between two and five emerging technology companies (TechCos) are acquired for every one that does an initial public offering (IPO). Acquisitions can provide strategic, operating and financial benefits to both TechCo and the company acquiring it (LargeCo). A strategic acquisition can provide TechCo's shareholders with earlier liquidity than an IPO, with less risk and dilution.
Small business borrowers with troubled loans are in a unique position today. In the 1980s and early 1990s, lenders.
http://corporate.findlaw.com/finance/loan-workouts.htmlPathology of Section 363 Sales (Not as Simple as They Look)
Section 363 sales have shouldered past competing methods for the disposition of financially distressed businesses. Traditional stock or asset acquisitions, secured party sales, sales by assignees for the benefit of creditors and bankruptcy trustees and sales under chapter 11 plans of reorganization have taken a back seat to sales by chapter 11 debtors under Section 363 of the United States Bankruptcy Code ("Section 363"). Recent transactions exemplify Section 363 deals by private equity funds acting directly or as sponsors of strategic portfolio companies. The term "363 sale" has thus entered the M&A vernacular robed in its virtues but concealing its difficulties.
http://corporate.findlaw.com/finance/pathology-of-section-363-sales-not-as-simple-as-they-look.htmlThe Preference Action, the Trade Vendor, and the Contemporaneous Exchange Defense
Here's a scenario that may be all too familiar. A key customer has been steadily falling further and further behind on its account. You delicately begin to enforce existing credit limits, walking the fine line between trying to spur collections and keeping the customer happy. You check with a few of the credit agencies and learn that despite a recent large infusion of capital from its lenders the customer is experiencing significant cash flow problems. Slowly it dawns on you. Your key customer is becoming the albatross around your neck.
http://corporate.findlaw.com/finance/the-preference-action-the-trade-vendor-and-the-contemporaneous.htmlMD&A in the Post-Sarbanes-Oxley Era
The recent scandals involving Enron, Global Crossing and Worldcom, together with various well-publicized investigations into the accounting policies and disclosure practices of a number of other prominent companies, have triggered an unprecedented scrutiny of corporate disclosure. The SEC has promised that it will review more Form 10-Ks than it ever has before.