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Structuring a Cross-Border Deal in the Natural Resources and Energy Sector: Special Focus on the Private Equity
Private equity transactions have grown to represent a significant share of the market for all merger and acquisition transactions as private equity firms have expanded from its initial US/UK environment to become a global player in the M&A transactions.
While the press often reports on the billion takeover by corporate acquirors and mega private equity funds, transactions in the middle market continue to dominate in terms of the number of transactions completed. And despite the sentiment against globalization that dominates current western politics, cross-border transactions continue to be a large part of the deals sought by portfolio companies of even lower-middle market funds seeking revenue growth.
In addition to that, in a global environment where countries and companies are competing for access to energy, natural resources and raw materials, merger and acquisitions in the usually highly regulated energy and natural resources industry are becoming more and more usual but more and more complex.
This session will look at common issues in cross-border deals, with special focus on the issues that often arise in structuring a cross-border deal in the natural resources and energy sector, including the choice of law, dispute resolution, indemnification, management participation, regulatory approvals and differences between the civil law jurisdiction, U.K. and U.S. practices as well as the myriad tax issues that need to be consider in every transaction.
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