Canadian M&A Perspectives Private and Public Mergers & Acquisitions | Private Equity

Tag Archives: private equity

“Should I Stay or Should I Go?”: Whether to Form a Limited Partnership in Manitoba rather than Ontario

Posted in Private Equity, Private Transactions, Strategy

Limited partnerships are widely used in Ontario (and other Canadian jurisdictions) and have many benefits, including limited liability for limited partners.

However, this benefit is conditional: the Ontario Limited Partnerships Act (the Ontario Act) provides that a limited partner will lose its limited liability status if “the limited partner takes part in the control of the business”. Most other Canadian jurisdictions have legislation governing limited partnerships that contains an analogous provision. Notably, jurisprudence in Ontario and elsewhere in Canada has not yet provided clarity as to what constitutes active control by a limited partner.… Continue Reading

On Target: 2018 Private Equity Outlook

Posted in Private Equity, Public M&A

The PE market sustained high levels of activity in 2017 and 2018 is expected to be another busy year in Canada, the US and globally. McCarthy Tétrault’s Private Equity Group explores what’s next in our latest edition of: On Target: 2018 Private Equity Outlook.

Our PE practice combines the strengths of several practice areas across the firm’s offices in Canada, New York City and London, UK. They offer deep insight derived from experience across the facets of PE, which include buy-out investments, venture capital investments, fund formation and management, fund investments, mezzanine and other leveraged debt financing, infrastructure, distressed … Continue Reading

M&A Activity – Interesting Trends from 2011 and Insights for 2012

Posted in Public M&A

Some interesting trends emerged from a study of select US M&A deals in 2011 that may be predictors of what’s to come in 2012. A synopsis of a study conducted by Practical Law Company was provided in a webinar in late January, entitled A Year in Review: Public M&A Trends and Highlights from 2011.

According to the study, deal volume was significantly lower in the second half of last year and on pace with 2010 levels in the first half of last year, with 48 and 49 acquisition transactions in the first and second quarters, respectively. The second … Continue Reading

There’s Some Optimism Out There – Survey of Private Equity and Venture Capital Professionals Finds a Positive Investment Climate in Canada

Posted in Private Equity

Despite challenging capital markets and general economic uncertainty, signs point to increasing optimism among the Canadian private equity and venture capital investing community, according to a recent survey conducted jointly by McCarthy Tétrault and the Canadian Venture Capital & Private Equity Association (CVCA). 
 
Members of the CVCA were surveyed from November 9-18 on such topics such as their investment planning and  exit planning expectation and their views of the investment climate in Canada and abroad.
 
We presented the survey results at the CVCA’s professional development session, “Fasten Your Seatbelts: Investing and Exiting in Turbulent Times” held on November … Continue Reading

Confidentiality Agreements – Part 1 – Some Initial Considerations

Posted in Contractual Matters

How often are you called upon to sign a confidentiality or non-disclosure agreement? Want to participate in the sale process for a business you’re interested in acquiring? Sign this confidentiality agreement first. Need access to important commercial information? Sign a confidentiality agreement. Want to meet with key executives as part of your due diligence? Not before you commit to the terms of this non-disclosure agreement. They are everywhere. And yet, they rarely get much attention until issues arise.

Ensuring confidentiality throughout the M&A process is essential to a successful deal. This is the first in a series of blog posts … Continue Reading