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Will the SEC’s Changes to the Foreign Private Issuer Definition Affect SPACs?

JD Supra: Mergers

On June 4, the Securities and Exchange Commission (SEC) issued a concept release seeking public comment on the definition of the term "foreign private issuer" (FPI). The request is in response to global market changes and other factors that are pushing the SEC to reconsider the term's meaning. By: Woodruff Sawyer

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Delaware Law Alert: Long Live the Term Sheet—When Term Sheet Provisions Survive the Execution of Definitive Agreements

JD Supra: Mergers

Deal parties may be surprised to learn that a term sheet signed as part of early negotiations can, in some circumstances, continue to be binding after the execution of a definitive transaction agreement contemplated by the term sheet.

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SEC Requests Public Comment on the Definition of Foreign Private Issuer

JD Supra: Mergers

On June 4, 2025, the Securities and Exchange Commission (SEC) issued a concept release soliciting public input on whether the definition of foreign private issuer (FPI) should be amended, particularly given the significant changes in the population of FPIs since 2003.

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Buy-Side M&A Playbook: Drafting Definitive Agreements - The Road to Closing

JD Supra: Mergers

This article is part of Fenwick's "Buy-Side M&A Playbook" series, published as part of the Silicon Valley Defense Group's Industry Collaboration Toolkit. By: Fenwick & West LLP

M&A
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LOIs in M&A Transactions: Striking the Right Balance Between Commitment and Flexibility

JD Supra: Mergers

It outlines the key terms and mutual understanding between a buyer and seller while they progress through due diligence and work towards negotiating, preparing, and executing a definitive agreement. While generally non-binding, it’s common for.

M&A
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Navigating Recent Amendments To The Delaware General Corporation Law: Governing Conflicted Transactions

JD Supra: Mergers

Our partners provide insight into the new statutory safe harbors, updated definitions for controlling stockholders and disinterested directors, and offer practical guidance for boards seeking to minimize litigation risk and secure safe harbor protection under the revised law.

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The Unseen Hand: Tariffs and Their Profound Consequences on Mergers & Acquisitions

MergersCorp M&A International

Far from being mere taxes on goods, these duties exert a profound and multifaceted influence on the landscape of Mergers & Acquisitions (M&A). Sellers will often try to carve out general economic or geopolitical events from MAC definitions, but specific tariff impacts can be harder to exclude.