The Parley or the pre-contractual stage is a phase preceding the negotiation of a contract. To prepare for the successful conclusion of a contract, two parties can enter into talks in two different ways: either informally informal talks or formally formalized talks. The difference between these two modalities depends on the contract and the co-contracting … Read more
The offer must be precise and complete, it may be tacit, implied or express and can not be withdrawn before the fixed date or a reasonable period of time. Acceptance is adherence to the precise content of the offer, it may be tacit or Express. Silence, in principle, is not worth accepting. However, silence may … Read more
Mezzanine Financing or Mezzanine Capital refers to subordinated debt or preferred equity securities that often represent the most junior portion of a company’s capital structure, but that is still senior to the company’s common equity. This form of financing is often used by an issuing company seeking to finance its Initial Public Offering on the stock market and by private equity investors to … Read more
Definition A Letter Of Intent L.O.I. or LOI is different from a term sheet because whether binding or not, it expresses consent to certain terms, whether preliminary or not, and its structure is formatted as a letter. Common in sophisticated commercial or financial transactions, a LOI outlines the terms of a deal a party proposes to the … Read more
From a legal standpoint, the owner is way too often liable of many things unknown to him or her. On several occasions, I have been consulted to know how to avoid owner’s liability. This is the reason why I invented what I first called the “Triplet” before realizing that the structure herein described could count … Read more
This question is always a topic of discussion among the various actors of and around the company, from the entrepreneur to the investment bankers, going through lawyers, auditors, accountants etc… Many of these actors, basing their argument on the listing requirements, believe and will want the entrepreneur to believe the issuing company has to meet … Read more
Abstract from Investment Madness by John R. Nofsinger In order to operate in the financial markets, it is crucial to understand the investor’s psychology. Every human being is influenced primarily by his perception of things at a given moment. Human memory stores some images of this perception, even if it is imperfect, altered by emotions … Read more
To invest money an investor asks the typical following questions: How much do You need in total for Your project ? How do I recover my investment ? How long until I recover my investment ? What is my Guarantee? What are the risks ? Have You done it before ? What are the critical … Read more
Everyone talks about investing in private equity, especially the entrepreneur and the venture capitalist. But, the problem for the investor is less to invest than to answer those two essential questions: How will the enterprise give back the capital? When will that restitution take place? To answer the first question, the investor verifies the crédibility … Read more
The Grand Hotel Palace shone under the sun in the late afternoon. There was no crowd at that hour. The man who went there with a habitual step did not look at the grand spectacle which unfolded before his eyes. Mr Alfred Von Müller was obviously a regular visitor and it seemed obvious to him. … Read more
