Companies soliciting foreign investments or selling business lines to foreign entities must caution against overlooking US national security considerations amongst the array of concerns present in such transactions.

Understanding the key differences between a public company take-private transaction and a private company sale is significant given at least 85% of closed take-private deals announced in 2015 or 2016 valued over $100 million resulted in litigation.

This presentaton covers the latest in how acquisitions are being financed in the current quarter; a look at the state of the capital markets and leveraged finance dynamics; innovations in M&A deal structures at various levels of the capital stack, unique characteristics of unitranche loans; how to consider and model creative financing structures, and issues to consider in covenant structures.

The diverging objectives of parties to an M&A transaction, and the potential effect indemnification could have on the economics of a deal, frequently cause indemnification provisions to be some of the most heavily negotiated provisions in an acquisition agreement.

The technology industry has become a magnet for activist investors. The attraction: maturing companies that activists perceive are falling short in delivering shareholder value.