MOMENTUM NM LAW OFFICE-THE MATERIAL ADVERSE CHANGE (MAC) CLAUSE.
The Material Adverse Change (MAC) clause (important Purchase Price Adjustment, Break up fees and Reverse Termination Fees, too) would be the last resort for a buyer if unexpected circumstances arise that significantly change or reduce the value of a target company, assets, or business in the period since the signing. We saw similar situations which included million break-up fee that seller would owe buyer if it changed its mind prior to the closing date.
Is it possible in current circumstances in April 2020, that we qualify as a MAC under an M&A agreement as situation where the buyer have opportunity to withdraw from the transaction? What constitutes a material adverse change MAC (or a Material Adverse Effect –MAE) is not always, so clear. According to courts litigating MAC claims focus on whether there is substantial threat to overall earnings potential relative to past performance, not future.
The MAC/MAE clause is, as a rule, carefully negotiated and thoroughly defined by the parties.
Apart from the particular MAC clause, an important role in decision-making will be attributed to the rules of the governing law, as set forth in individual M&A agreements.
Both parties is always to close the deal because they have already invested time, financial, organisational and other resources. In order to skip long-therm and very expensive court or arbitration proceedings, the parties could always rich and agree on a acceptable commercial solution for both sides.
NM Law Office encourage all parties to try to find and negotiate these solutions, in order to preserve the deals and ensure that the everything goes well on.
For NM Law Office Public Relation Department, April 2020.
SERBIAN ECONOMY, WHAT’S NEXT? NM LAW OFFICE.
Trade, import, measures, civil rights during a state of emergency.
A large number of questions have arisen regarding the business of legal entities as well as individual issues, during the past days and the same issues are likely to be main topic in the period ahead.
Therefore, to increase the representation of legal entities, we opened a contact center through 00381 11 3112 567, 00381 63 247 244, via the contact form at www.nmadvokati.com/contact, via email communication at: office.nmadvokati@gmail.com and nemanja.milosevic@nmadvokati.com.
Trade. We often face day-to-day due to changing business circumstances or better said, performing activities under non-normal circumstances. In the field of trade in most parts of the countries, there was a need for a different relationship between the buyers and trading companies. Companies needed to rationalize costs and to take the necessary measures to optimize their businesses.
Large number of companies have simplified the procedures and processes of work, with the strong move to online business, more than ever. Customers, on the other side, have opted for targeting and prioritizing buying lists of products. However, there are categories of legal entities, entrepreneurs and small businesses that have not been able to do their jobs at all, or have limited opportunities to do it. Therefore their transition to new business models has been limited.
Serious economic studies show there are good and bad indicators in every branch of the economy. Mostly indicators are conditioned by external circumstances that could not be influenced by legal entities or entrepreneurs. Business owners are faced with the choice between keeping costs down or minimally adjusting and waiting for announced financial support measures by states. Of course we speak about those who can do their business at all. w
While those business owners who are unable to do business at all, are face with issues such as are: loan repayment moratorium (National Bank of Serbia decision), freezing business, etc.
In transport branch we could find companies that have increased their business volume and more significant number of those who have been forced to minimize their business at the moment. There is a similar story in the retail store. We are witnessing that the largest number of shops, small shops, as well as large department stores, market centers and shopping malls are affected by the current situation. On the other hand, business results indicate that a much smaller number of retails, primarily in the pharmaceutical industry, as well as retailing food products, has undergone an expansion under the influence of external market circumstances.
With all the above mentioned issues we have opened a box.dialog and special lines and help links, so we expect you to contact us greatly through the contact form on the website www.nmadvokati.com/contact., direct phone numbers: 00381 11 3112 560, 00381 63 247 244, e-mail: office.nmadvokati@gmail.com, nemanja.milosevic@nmadvokati.com.
COVID-19, THE GREAT PERSPECTIVE OF NM LAW OFFICE.
Separated from last week’s work reports ..
“..It is very important in this days to adhere the most significant values that NM law firm even more prominently set as the most important. Today, when NM attorneys represent the leading and largest law firm in the Republic of Serbia (the Republic of Bosnia and Herzegovina, the Republic of Croatia, the Republic of Slovenia) business leaders such as values keep one firm and their business where they should be. When NM law firm introducing values into company, were asked by others whether they might be doing so because they were: “the most famous law firm” or because NM lawyers in Belgrade were the best lawyer – and other similar things?
However, it turns out that giving preference to an orderly system, with clearly stated goals and values, is a great advantage in business, especially in times of major changes.
This is supported by the statements of clients of attorneys, today, that NM law firm is: “an most important law office “,” An important law office for the Serbian judiciary “,” an important law office for the Balkans “, which is truly a motive.
This is a great obligation for the further development of the business system, based on the best values and postulates of business in the countries of South East Europe and Europe in general.
For NM attorneys, the public relations service. April 2020.
NM LAW OFFICE HIRING, ATTORNEY AT LAW.
We have announced recruitment for a very important position of Attorney-Coordinator.
All interested can apply to:
https://poslovi.infostud.com/posao/Advokat-koordinator/Advokat-Nemanja-Milosevic/301266?esource=search&emedium=1&item_index=2
Law Office Attorney, Attorney-Coordinator, Leading Law Firm Belgrade, Leading Law Firm Serbia, See the News.
This position have been announced at Infostud.com web site, too.
Law office Madrid
NM Law office Madrid, Kingdom of Spain made in last days new very important business deal with our client who is going to make new business start in Germany.
We are making in progress with all maters in this business between multi jurisdictions.
NM Law and NM Law Regional is looking forward for all future business opportunities in Kingdom of Spain.
Lawyer Greece. Advokat Grčka.
Greece. First minute.
NM Lawyers and NM Advocates Regional proudly presents.. As we find ourselves in the part of year when most people are preparing for using vacations in Greece, NM Advocates have decided to announce new good news.
This time it is about cooperation with colleagues in Hellenic Republic of Greece, Europe.
As always, NM Advocates are taking care of their customers in the best and direct way. NM Advocates Regional enables long-term cooperation with colleagues and clients in Greece.
During this week, NM Lawyers stayed for three days in the city of Thessaloniki, where we did all the work related to our clients who deal with the Hellenic Republic of Greece, together with our colleagues and state institutions in the Republic of Greece, agreed to cooperate and help for all people who intend to spend the summer or some other part of the year in Greece.
Such cooperation and work of NM Advocates and NM Advocates Regional with institutions in Republic Greece is especially important considering the upcoming tourist season where a large number of citizens from the Region will stay for vacation in the Hellenic Republic of Greece. In this way it is possible to protect the rights of citizens with the highest level of professional legal representation of lawyers in the Republic of Greece. The lawyers teams is at the service of all rights that the citizens of the many countries have in the Republic of Greece. This represents a major contribution to the development and cooperation, as well as to the safety of citizens and clients in exercising their rights during lasting business cooperation, times, holidays in the Republic of Greece.