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Cliffe Dekker Hofmeyr
DealMakers
Class Act
How to determine whether separate class meetings must be held to vote on a scheme of arrangement.
DealMakers
The benefits of due diligence in drafting sale and purchase agreements for M&A deals
The costs for conducting a DDI are a justifiable expense when considering the potential legal, financial and reputational risks associated with an acquisition.
DealMakers
Thumbs up for emojis
When contracting via messaging platforms, an emoji – depending on which one is used – may create a valid and binding contract.
DealMakers
Devil in the details: indemnities vs warranties in M&A
Warranties and indemnities play significant but different roles in managing risk and liability - important to understand how they compare.
DealMakers
Business Rescue practitioners beware: publish or prison
For a variety of commercial reasons notices of the sales of businesses are not always published in terms of s34 of the Insolvency Act
DealMakers
Risk it for the biscuit: opportunities for private equity in business rescue
Business rescue presents a unique opportunity for private equity firms, investors and companies looking to return to a healthy position of solvency.
DealMakers
Takeovers: Don’t shout it from the rooftops, please
The takeover of companies is a highly regulated process. This article focuses on oversight over disclosures made by potential offerors or targets.
DealMakers
What constitutes financial assistance for purposes of section 45?
Given the wide application of section 45, there has often been debate about which transactions or actions constitute “financial assistance”.