What's New - VC Experts, Inc.

4.3.2.d: SEC Fires Warning Shot to Unregistered Finders

Wed, 08 Jul 2009 08:51:40 -0700

June 25, 2009. By Administrative Order dated June 19, 2009, the Securities and Exchange Commission (SEC) found two individuals and Ram Capital Resources, LLC in willful violation of the broker-dealer registration provisions of Section 15(a) of the Securities and Exchange Act.

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8.23: Why are IPOs in the ICU?

Tue, 30 Jun 2009 11:06:16 -0700

Over the last several years, the IPO market in the United States has practically disappeared. While conventional wisdom may say the U.S. IPO market is going through a cyclical downturn, exacerbated by the recent credit crisis, many are beginning to share a view of a new and much darker reality: The market for underwritten IPOs, given its current structure, is closed to most (80 percent) of the companies that need it.

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7.12: New 457A Tax Rules Overview- Nonqualified Deferred Compensation Plans

Thu, 25 Jun 2009 08:44:46 -0700

Section 457A generally provides that any compensation deferred by a service provider (such as an employee) under a nonqualified deferred compensation plan that is sponsored by a "nonqualified entity" (see below) is includible in the service provider's gross income when there is no substantial risk of forfeiture associated with the service provider's right to receive such compensation. In other words, the deferred compensation is taxable as soon as it vests. This is in contrast with Section 409A, which generally allows taxation of compensation to be deferred until the compensation is actually paid, regardless of when it vests.

17.5.4: Good Corporate Governance - Best Practices for Creating Value

Tue, 23 Jun 2009 07:48:41 -0700

In light of current economic conditions, and the continued downturn in the M&A and credit markets, many private equity funds have been focusing on stabilizing the health and increasing the value of their existing portfolio investments. This focus has come in many forms, from making small, add-on acquisitions in an effort to bolster the underlying business, to spending more time on refining the underlying business operations. Indeed, today's challenging economic environment and the generally limited ability of private equity firms to use financial strategies to increase value requires a different approach by these firms to manage their portfolio investments.

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90.60: Second Priority Senior Secured Floating Rate Notes

Mon, 22 Jun 2009 09:59:05 -0700

This is a model for a Second Priority Senior Secured Floating Rate Notes form

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90.59: Trademark Security Agreement

Mon, 22 Jun 2009 08:11:19 -0700

This is a model of a trademark security agreement

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17.5.3: Stimulus Legislation Provides Tax Relief for Companies that Deleverge or Modify Outstanding Debt

Tue, 09 Jun 2009 07:34:47 -0700

In recent months, the deep discounts at which bonds and bank debt have been trading and the difficulty of meeting various financial covenants have caused many companies to consider repurchasing, or modifying the terms of, their debt. However, some companies have been deterred by concerns about creating taxable cancellation of debt (COD) income. For example, a typical interest rate bump made in connection with a bank debt covenant waiver could create COD concerns if the debt were to fit the very broad tax definition of "publicly traded" debt.

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21.26: Venture Capital Survey - Silicon Valley First Quarter 2009

Wed, 27 May 2009 06:38:43 -0700

Fenwick & West analyzed the terms of venture financings for 128 companies headquartered in the Silicon Valley that reported raising money in the first quarter of 2009.

17.3.3: TALF Update

Wed, 20 May 2009 09:18:26 -0700

On May 1, 2009 the Federal Reserve Board (Federal Reserve) announced updated terms and conditions for the Term Asset-Backed Securities Loan Facility, or TALF, a joint program with the U.S. Treasury Department (Treasury) to provide low-cost funding to purchasers of asset-backed securities, or ABS.

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2.3.1.b: FAQs from the State of Delaware

Wed, 20 May 2009 06:11:29 -0700

The State of Delaware is a leading domicile for U.S. and international corporations. More than 850,000 business entities have made Delaware their legal home. More than 50% of all publicly-traded companies in the United States including 63% of the Fortune 500 have chosen Delaware as their legal home.

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