M&A in an Uncertain World – Private Equity Rights and Remedies

Highlighting the various issues involved in structuring a remedies provision for a private equity firm in both public and private transactions, including issues relating to the terms of equity commitment letters and fund guarantees.

As the credit markets have re-opened for traditional leveraged buyouts, both private equity and strategic purchasers have developed sophisticated and nuanced approaches to accommodate sellers’ demands for deal certainty. While the individual components of these provisions, such as specific performance and reverse break fees, are familiar to most buyers, the architecture of the remedies provisions, including both the buyer’s and seller’s financing covenants, reflect very precise structuring techniques.

In this 60-minute webcast, David Allinson, Luke Bergstrom and Josh Tinkelman will discuss recent case studies to illustrate the important commercial and legal considerations to be addressed in negotiating these provisions in light of current market conditions. 

For further information, please contact Michele Bravo.

June 13, 2012
9:00 a.m. Pacific | 11:00 a.m. Central | Noon Eastern
Notice: We appreciate your interest in Latham & Watkins. If your inquiry relates to a legal matter and you are not already a current client of the firm, please do not transmit any confidential information to us. Before taking on a representation, we must determine whether we are in a position to assist you and agree on the terms and conditions of engagement with you. Until we have completed such steps, we will not be deemed to have a lawyer-client relationship with you, and will have no duty to keep confidential the information we receive from you. Thank you for your understanding.