Latest Dodd-Frank Posts
Chancery Describes Commercially Reasonable Efforts
M&A, Private Equity Akorn, Inc., v. Fresenius Kabi AG et al will undoubtedly become known as the first case where a Delaware court found a material adverse effect, or MAC (often referred to as a material adverse effect, or MAE), to exist. The opinion also contains a helpful description of a description of “commercially reasonable efforts” as compared […] Read more →
Treasury Releases Interim Regulations for FIRRMA Pilot Program
M&A, Private Equity The U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), today issued temporary regulations in connection with the... Read more →
How to Read a MAC / MAE Clause
Litigation, M&A Akorn, Inc., v. Fresenius Kabi AG et al will undoubtedly become known as the first case where a Delaware court found a material adverse effect, or MAC (often referred to as a... Read more →
SEC Approves Revised Nasdaq Rule for Shareholder Approval of Private Placements
Public Companies and Securities The SEC has approved an amendment to Nasdaq Rule 5635(d) to modify the circumstances in which shareholder approval is required for issuances of securities in private placement... Read more →