Thursday, August 19, 2010

Dynegy and the Evolving Nature of Deals

Those words, attributed to a person close to the Blackstone Group,. Fashion accessories are decorative items that supplement one's garment, such as fashion jewellery,jewellery for sale here,we aupply womens accessories,jewellery rings,gold jewellery,women's jewellery.You can wholesal were spoken as the financial crisis was building up steam in early 2008.. Fashion accessories are decorative items that supplement one's garment, such as fashion jewellery,women's jewellery.You can wholesale jewellery. They provide a good T-shirt slogan for private equity’s response to the credit crunch. During that time, private equity firms repeatedly and successfully attempted to escape the deals they negotiated before the crisis.Blackstone has now agreed to its most significant public company acquisition since the financial crisis with its $4.7 billion deal to acquire Dynegy. According to Factset Mergermetrics, this is only the fourth private equity acquisition of a public company worth more than $1 billion this year. It is also one of the first billion-dollar-plus deals since the financial crisis by one of the private equity firms that failed to complete deals during that time.This provides us a good test to see what, if anything has changed in acquisition agreements. In addition, this is ansuch as fashion jewellery,women's jewellery.You can wholesale jewellery. opportunity to see whether particular private equity firms that failed to complete their acquisitions during the financial crisis will be penalized in the larger middle market.
Blackstone was certainly not among the worst of the private equity firms during that time. Still, when the Office of the Comptroller of the Currency required additional financial backing from Blackstone to complete its acquisition of Alliance Data Systems, this proved a convenient excuse for Blackstone to walk away from the deal. The words above were reportedly spoken in reference to Blackstone’s willingness to complete its $6.4 billion acquisition of Alliance Data Systems.The parties ended in litigation over a $170 million termination fee. At the time, Blackstone argued that it was not required to provide any additional financing for the transaction outside of its agreed equity commitment letter. In fact, Blackstone asserted that contractually it was not required to do anything other than what was in the merger agreement and its related agreements: the guarantee by which it promised to pay the reverse termination fee and the equity commitment letter through which it promised to pay the equity financing.

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