Library

A discussion of the different types of debt financing used in private equity, including senior debt, subordinated debt, and high-yield debt.

ABA M&A Committee members Lisa Hedrick from Hirschler Fleischer PC and Nate Cartmell from Pillsbury LLP discuss market trends for sandbagging provisions, drawing on data from the ABA’s Private Target M&A Deal Points Study. Lisa and Nate talk about why so many deals are silent on sandbagging, the risk of being silent, and where they think the trend is heading.

Detailed how-to of the process of drafting a deposition outline, with practical tips and examination of examples.

A walkthrough and explanation of a typical disclosure statement and order, including the related forms of notices and ballots. Covers the main requirements, contents, and drafting process.

An overview of the various components that make up indemnification in a private M&A deal, including caps and baskets, survival periods, escrows, sandbagging provisions, and rep and warranty insurance.

A discussion of guaranties, including the key provisions in a guaranty agreement and the different types of guaranties that can be given, such as payment vs. performance guaranties and down-stream vs. upstream guaranties.

Explains key concepts in financial reporting and accounting, such as accrual accounting, revenue recognition, and depreciation and amortization. This track also covers the roles in a finance department; the processes of accounting, financial reporting, and audits; and how to analyze a company’s annual report and financials.

This certificate program gives lawyers an understanding of generative AI and large language models, covering key AI concepts and terms, the impact of GenAI on the legal industry and practical applications for lawyers. It also looks at the risks, limitations, and ethical concerns associated with LLMs, letting legal professionals better understand the opportunities and considerations involved in using GenAI in their practice.

The different types of Chapter 11 cases, the process of a Chapter 11 case (including the “first days” and 363 asset sales), and the major documents in Chapter 11 (including Chapter 11 plans, disclosure statements and orders, and restructuring support agreements).

The basics of due diligence and closings in M&A deals. Includes an overview of the diligence process, tips for conducting due diligence, the closing process, the differences between simultaneous and delayed closings, and guidance on drafting key closing documents.

This program teaches lawyers about various aspects of two advanced M&A concepts found in acquisition agreements – materiality scrapes and sandbagging. It covers drafting and negotiating tips, buyer and seller perspectives, and market trend information from the ABA M&A Committee’s 2022-23 Private Target Deal Points Study.

Lawyers will learn about the main types of loans, including term loans, revolvers, secured and unsecured loans, and bilateral and syndicated loans. The program also reviews key features commonly found in commercial loans, such as repayment provisions, guaranties, and covenants and events of default.