NEWS & VIEWS

Global private equity and venture capital news and research

North America

21 September 2005

Staying out of the courthouse $

These are good times for private equity sponsors. Interest rates remain relatively low, says Weil, Gotshal & Manges. Credit is generally easy to obtain and leverage multiples are high. The press talks of quick flips and large profits for private equity sponsors rather than of troubled investments. Bankruptcy filings are down significantly from a few years ago.

7 September 2005

Private Equity Alert $

This Nixon Peabody Alert discusses recent amendments to the US laws affecting Delaware alternative entities, including those formed under the Revised Uniform Limited Partnership Act, the Limited Liability Company Act and the Revised Uniform Partnership Act.

31 August 2005

Third Annual US Middle Market Private Equity Survey $

This survey from RW Baird measures the climate of the US private equity community, gains an overview of their portfolio composition, assesses the impact of the current market environment on their investing activity and gathers their perspectives on the outlook for M&A activity in 2005.

31 August 2005

Leveraging the US Earnings Repatriation Tax Incentive $

There are a number of issues that need to be addressed by private equity houses and their portfolio firms before determining whether repatriation of foreign earnings at a deeply discounted tax rate is an optimal business strategy, says Bank of America Business Capital.

11 August 2005

M&A Roundup: U.S. & Europe, First Quarter, 2005 $

US dealmakers were left scratching their heads after a first quarter that failed to live up to market expectations, says FactSet Mergerstat. Despite early predictions of a big start to 2005 acquisition activity, dealflow fell back to the sluggish levels of recession-era 2002 and 2003. New announcements reached just 1,986 for the quarter, versus 2,366 in the fourth quarter of last year and 2,574 in the first quarter of last year.

4 August 2005

Accessing US private equity by European institutional investors $

European interest in private equity is increasing and the United States remains a significant target for investment from Europe. In particular the more entrepreneurial segments of the US market appeal to European investors, while in the European markets investors prefer larger buy-out transactions, C├ęcile Krikke-Fritz's research shows.

20 July 2005

Securities and Exchange Commission adopts final rule requiring advisers to private funds to register as investment advisers $

Last year the US Securities and Exchange Commission voted three to two to adopt a final rule requiring advisers to private funds to register as investment advisers under the Investment Advisers Act, says Weil, Gotshal & Manges.

20 July 2005

Value of US IPO activity weakens in second quarter of 2005 $

The number of IPOs on US exchanges rose to 54 in the second quarter from 43 in the first, according to the PricewaterhouseCoopers US IPO Watch, a survey of IPO activity in the US. However, proceeds fell to $9.3bn from $10.8bn in the first quarter, as average deal size declined. Second quarter results also reflect a decline from last year, when 63 IPOs raised a total of $12.4bn.

4 July 2005

2005 CFO Outlook survey $

Despite a less sanguine outlook for the US manufacturing sector, CFOs appear to see growth opportunities for their individual companies. Twenty-three percent of manufacturing company CFOs expect to participate in a merger or acquisition in 2005, up sharply from 14% in the 2004 CFO Outlook, says Bank of America Business Capital.

7 June 2005

NASD enforcement actions target private investment fund sales literature $

In three recent enforcement actions in the USA, the NASD has made it clear that it intends to scrutinize the use of member sales materials even when only disseminated in private placement transactions to sophisticated and high net worth clients, say Weil, Gotshal & Manges.

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