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  • The biggest predictions are always the hardest to make. This is epitomised by lawyers’ reaction to wide scale financial regulations in the US this year
  • Investors are already demanding new structures on deals to mitigate counterparty default risk. Regulatory initiatives in 2010 will follow that lead
  • The SFC is set to implement changes to the way in which products are sold, but also the way they are structured
  • India is finally set to implement its merger regulations this year. Companies will hope that the Competition Commission of India reconsiders its filing thresholds and timeframe
  • Cov-lite loans were criticised during the financial crisis. But cov-lite elements to deals are being used again in the US, with their popularity set to rise throughout 2010
  • Novartis/Alcon is set to ask whether minority shareholders can expect a fairness opinion that considers higher bids for majority shareholdings
  • Covered bonds will become popular in the US this year. New accounting rules mean that issuers are looking for alternative financing and legislation for the structures appears imminent
  • With valuations mismatched and bank lending still slow, US private equity purchasers will turn to earn-outs and seller financing to bridge the gap in 2010
  • Despite establishing an independent derivatives market that supports its unique economic model, China could follow international best practice in 2010 by introducing close-out netting
  • Flipper clauses will continue to gain popularity as a means of forcing bondholders into new agreements