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|Overview of Certain Middle and Lower Middle Market Credit Trends|
Joseph W. Price; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 22, 2014, previously published on September 2014With heavier competition for bigger deals, larger private equity sponsors have increasingly turned to the middle market as a source for new acquisitions. In connection with this trend, certain large-cap deal terms have migrated into the middle and lower middle market debt financing arena. For...
|Illinois Frees $30 Million for Solar Investment; Establishes Goals, Timeline|
Kyle C. Barry; Husch Blackwell LLP;
September 4, 2014, previously published on September 2, 2014On June 28, 2014, Illinois Gov. Pat Quinn signed House Bill 2427 authorizing the Illinois Power Agency (IPA) to conduct a one-time, $30 million procurement of Solar Renewable Energy Certificates (SRECs). This bill establishes a process for the IPA to help meet requirements adopted by the state in...
|Funds Investing in U.S. Manufacturing Companies: Foreign Investor Considerations|
Annette De La Torre; Foley & Lardner LLP;
August 25, 2014, previously published on August 20, 2014Operators of manufacturing companies, especially those considering a sale or capital raise, should understand investors’ concerns regarding direct investment. Today, investment funds with investors and investments in multiple jurisdictions constitute a large part of the U.S. manufacturing...
|ISDA Section 2(a)(iii) Amendment Limits Prerogatives of Non-Defaulting Parties|
James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
July 24, 2014, previously published on July 22, 2014On June 19, the International Swaps and Derivatives Association (ISDA) published a long-awaited standard amendment to Section 2(a)(iii) of the ISDA Master Agreement (the Master Agreement). Section 2(a)(iii) of the Master Agreement (Section 2(a)(iii)) is a condition precedent that suspends a...
|D.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security Proceedings|
Jeffrey P. Bialos, Amanda R. Callais, Mark D. Herlach; Sutherland Asbill & Brennan LLP;
July 24, 2014, previously published on July 21, 2014On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant to Section 721 of the U.S. Defense Production Act...
|CFTC Further Extends Comment Periods on Position Limits Proposals|
Maureen A. Donley, Daniel S. Konar II, W. Graham McCall, Mark D. Young; Skadden Arps Slate Meagher Flom LLP;
July 11, 2014, previously published on July 7, 2014The Commodity Futures Trading Commission (Commission or CFTC) has further extended the comment periods for its November 2013 proposal concerning position limits aggregation and its December 2013 proposal concerning position limits for physical commodity derivatives. The comment periods for these...
|Customers of Florida Coop to Get Millions|
Sutherland Asbill Brennan LLP;
June 23, 2014, previously published on June 17, 2014Florida-based Lee County Electric Cooperative has approved an equity distribution of $6.1 million to current and inactive customers and an additional distribution of $6.1 million to memberships that have been closed since 2006. Customers receiving a distribution of less than $250 will receive a...
|Ukraine-Related Sanctions Update: OFAC Issues Sanctions Regulations; President Withdraws GSP Status for Russia|
Cortney O'Toole Morgan, Linda K. Tiller; Husch Blackwell LLP;
May 29, 2014, previously published on May 16, 2014Recently, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) promulgated regulations which formally implement the Ukraine-related sanctions set forth in Executive Orders 13660 (“Blocking Property of Certain Persons Contributing to the Situation in Ukraine”),...
|Prison Sentence in Air India Bribery Scheme Sends Deterrent Message to Canadian Executives|
Milos Barutciski, Matthew S. Kronby, Steven T. Robertson; Bennett Jones LLP;
May 28, 2014, previously published on May 25, 2014On May 23, Nazir Karigar, an agent of Cryptometrics Canada Inc. (Cryptometrics), was sentenced to three years in federal prison under Canada’s foreign bribery statute. Mr. Karigar was convicted last August of conspiring to pay approximately $450,000 to India’s Minister of Civil Aviation...
|CFTC Adopts Streamlined Approach for Delegation of CPO Registration|
James M. Cain, Warren N. Davis, Daphne G. Frydman, David T. McIndoe, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
May 27, 2014, previously published on May 19, 2014On May 12, 2014, the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued a staff letter (the Staff Letter) that provides a streamlined approach for commodity pool operators (CPOs) to request no-action relief to delegate the CPO...