On May 15, 2020 Collaberex hosted a webinar addressing common questions about loan forgiveness under the Payroll Protection Program (PPP). Signed into law on March 27th, under the CARES Act, the program offers forgivable loans of up to $10 million each to qualified small businesses in order to fund payroll and certain other overhead costs….

This is part one of a six-part series As the COVID-19 pandemic continues to wreak havoc on businesses on a global scale, many sectors of the economy have been forced to operate on a limited basis while others have been effectively shut down altogether.  The resulting conditions present a range of challenges to companies that…

Forming a Qualified Opportunity Fund: The Opportunity Zone Compliant Investment Vehicle In order to gain the tax advantages of investing in opportunity zones, investors/taxpayers must first timely invest capital gains proceeds into a qualified opportunity fund. A qualified opportunity fund, or “QOF”, can be any investment vehicle that is taxed as a corporation or partnership…

April 2020 In Part I of this blog post series, we provided an overview of financial covenants in cash flow loans with a particular focus on the leverage ratio covenant and fixed charge ratio covenant. In this blog post, we will take a closer look at the maximum leverage ratio covenant and how it is negotiated in practice….

In previous blog posts, we have explored the benefits of rollover equity when selling a business, particularly the potential opportunity of a “second bite at the apple.” For selling equity owners, however, the potential upside to be earned upon the second transaction involving the company or its acquirer is not without risk. Inherent in any…

Part 3 – The Opportunity Zone Tax Benefits Explained If you’ve made it to Part 3 of this Series, then you already know that the economic upside of the opportunity zone program lies in the following three categories of tax benefits: (1) the deferral of tax on capital gains that are timely invested in qualifying…

Paycheck Protection Program (PPP) Loan Forgiveness FAQ The Paycheck Protection Program (“PPP”) is one of the most important provisions for small businesses in the new $2 trillion Coronavirus Aid, Relief and Economic Security Act (“CARES Act”). Critically, it provides a mechanism for loan forgiveness of up to the full amount of principal and interest where…

It’s All About the Leverage – Increasing Rollover Participant’s Equity Share The previous post in this rollover series provided an overview of the benefits of rollover equity when selling a business. In this post, we consider further the power of leverage in such a buyout whereby current owners can increase their equity stake in the…

Part 2 – What Do We Know, And What Is Yet To Come? In December 2019, the U.S. Treasury Department and Internal Revenue Service issued its final regulations governing the Opportunity Zone program. These 544 pages of regulations, including commentary and examples, sought to address both the initial lack of guidance in the prior proposed…

Unitranche Loans in the Middle Market In the first of this 2-part blog post series, we will review the unitranche loan market generally and discuss the key characteristics and advantages of unitranche loans with a focus on middle market private equity transactions. Part two of the series will focus on the agreement among lenders and…

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