2021 was a spectacular year for the American venture capital ecosystem, with VC
investments, fundraising and exits all setting new highs. That according to the latest PitchBook-NVCA Venture Monitor, the self-described definitive review of the U.S. venture capital ecosystem. Nevertheless, it is difficult to predict how 2022 will turn out for the VC industry,
January 2022
Course Correction: Why “Ordinary Course” Covenants in Acquisition Agreements Should be Drafted Carefully
By Alon Y. Kapen on
Posted in acquisitions, conditions to closing, covenants, COVID-19, Delaware, mergers & acquisitions
Should a buyer be allowed to walk away from an acquisition if an extraordinary event occurs between signing and closing that forces the target company to take emergency remedial measures outside its ordinary course, even if consistent with industry practice under the circumstances? This became a pressing issue during the early months of the COVID-19…