Drawing Down on Existing Lines of Credit. In a recent post, we examined the pandemic’s effect on corporate loan agreements and identified some key issues that borrowers should consider. In this post, we examine one of these key issues in greater detail, namely drawing down on existing lines of credit, or ’revolvers’. As a result…

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…

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…

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…

COVID-19 Alert To our clients, friends and colleagues: Governor Ned Lamont of Connecticut has issued an Executive Order directing all workers at ‘non-essential’ businesses in the state to stay at home during the novel coronavirus (COVID-19) outbreak. This order, which follows similar orders from the states of New York, Pennsylvania, California and Illinois, will go…

When selling a business, maximizing return is the primary goal of most owners. With increasing frequency, owners – particularly those also serving as a key member of management – can increase their returns by retaining an ownership stake in their business or the business of the acquirer in lieu of entirely cashing out their ownership…

We have previously published Client Alerts summarizing the new opportunity zones tax incentive program (OZ program)created by Sections1400Z-1 and1400Z-2 of the Internal Revenue Code (Code) and proposed regulations published by the Department of the Treasury and the Internal Revenue Service in October 2018 and April 2019 (the proposed regulations). Click here to see our November…

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