Material adverse change clauses are becoming more common in Asian M&A. But as long as enforceability remains a question, it’s unclear whether the deal protection will take off in the region
A recent change to US takeover rules is expected make tender offers more advantageous to Delaware-incorporated US-listed ChinaCos, creating new take-private options
Exchangeables out of Asia are just as rare CP Foods' exchangeable bond was the first out of Thailand and the country's first equity-linked product since BTS Group's convertible in January 2011. Market participants have described exchangeables out of Asia as 'rare beasts.' Deal counsel had to get investors comfortable with not only a product from a new jurisdiction, but also its tense political situation given opposition leaders had promised to start a month of protests to shut down Bangkok from January 13.
RBI faces a difficult decision in how to deal with the United Bank of India State-owned United Bank of India (UBI) might hold the dubious distinction of being Asia's first bank to see its capital ratios fall below Basel III requirements. But while regulators elsewhere have committed to allowing weak banks to fail in an orderly fashion, the Indian government might bail out the bank rather than bailing in bondholders. The move could, however, cause the international community to question the regulator's commitment to Basel III.
The Banten power plant is Indonesia's first power project not to require government support for the obligations of state utility PLN under the power purchase agreement (PPA).
Hong Kong’s sponsor regulations have caused increased concern over pre-deal reports by underwriting banks’ analysts. One lawyer thinks he has a solution
The path the government chooses to resolve United Bank of India will be seen as a precedent for how the country deals with failing banks under Basel III
AlixPartners’ 2014 Anti-Corruption Survey reveals that general counsel and compliance professionals are concerned about anti-corruption, but there are still shortcomings in companies’ global compliance programmes