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Weil Advised Blackstone in its Acquisition of a Majority …

WEBWeil advised Blackstone in its acquisition of a majority stake in ZO Skin Health, Inc., a manufacturer of a comprehensive suite

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URL: https://privateequity.weil.com/news/weil-advised-blackstone-in-its-acquisition-of-a-majority-stake-in-zo-skin-health-inc/

Weil Advised Cornell Capital in its Acquisition of INW …

WEBWeil Advised Cornell Capital in its Acquisition of INW Manufacturing LLC and in INW’s Acquisition of Bee Health Ltd.

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SEC Adopts Significant New Rules Regarding the …

WEBOn August 23, 2023, the SEC adopted new rules under the Investment Advisers Act of 1940 (the Advisers Act) that significantly increase the regulation of private fund advisers. As …

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Survival Periods—Covenants Are Not Representations or …

WEBEndnotes (↵ returns to text). Glenn West, Too Much Dynamite—The Non-Recourse and Surival Clauses Are Both Subject to Delaware’s Built-In Fraud Carve-Out …

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Getting out of a Bind: Making Sure Your Non-Binding …

WEBEntering into letters of intent or heads of terms will often give comfort at the outset of negotiations. It is important, however, to ensure that something that is agreed …

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Portfolio Company D&O Insurance—Are the Director …

WEBIn Goggin v. National Union Fire Insurance Company, C.A. No.: N17C-10-083 PRW CCLD ( Del Sup. Nov.30, 2018), the court held that a “capacity exclusion” in a …

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Weil Advised bd-capital on First-Time Fundraise and …

WEBJuly 14, 2020. Posted on: Weil in the News. Weil advised investment firm bd-capital on its preliminary fundraise to acquire Symprove Holdings Limited, a manufacturer and …

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GP-Led Single Asset Deals

WEBLawyers drafting contracts should be thoughtful whether a single asset deal should result in change of control, tag-along rights, vesting of management incentives …

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What is the Deal with No Oral Modification/Waiver Clauses

WEBA recent Texas Supreme Court case, Shields Limited Partnership v. Bradberry, [6] suggests that the answer is a qualified yes. Like NOMs, “no oral waiver” …

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Eligibility of Private Equity Portfolio Companies for SBA …

WEBThe new law waives applicability of the SBA’s affiliation rules for small businesses in NAICS industry sector 72, which is “Accommodation and Food Services” …

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Claire’s Stores: A Proactive Approach to Portfolio Company …

WEBThe recent success in Claire’s Stores’ $2.1 billion restructuring reinforces the importance of a proactive approach to corporate governance for closely held or sponsor …

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Managing the Tax Impact of Debt Restructuring in the Wake of …

WEBMany businesses are—or soon will be—unable to meet their obligations. Not all businesses in distress are unsuccessful; sometimes, as in the economic …

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New Cases Shed Further Light on the Limits of Non-Recourse …

WEBThe first of these recent Delaware decisions, In re P3 Health Group Holdings, LLC, 2022 WL 15035833 (Del. Ch. October 26, 2022), involved consideration …

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Delaware Once More Rejects a Buyer’s Efforts to Invoke an MAE …

WEBOn July 9, 2021, the Delaware Court of Chancery issued its latest decision determining whether a buyer’s attempted invocation of a Material Adverse Effect (MAE) clause was …

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Lost Profits May or May Not be Consequential Damages

WEBIn other words, lost profits was not an independently excluded category of damages. Thus, in order to determine whether the lost profits awarded to the non …

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Key Considerations for Boards Navigating COVID-19

WEBThe global impact of the novel coronavirus (COVID-19) is creating significant challenges for businesses worldwide. Risk oversight by the board of directors has never …

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Do You Really Know What “Consequential Damages” Means

WEBThe two parts of this contract-damages-limitation regime have been referred to as Hadley’s two limbs. The first limb (a) become known as “direct” or “general” …

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