Akin Gump discusses the challenging decisions that equity investors and sponsors will need to make in reviewing the financial needs and business operations of their portfolio companies as a result of the economic upheaval and government-mandated social restrictions imposed by the spread of COVID-19. Accordingly, it is important to consider the responsibilities and duties that attach to equity investors and sponsors who are deemed “controlling equityholders” under applicable law.
Considerations for Significant Equityholders During the Current Crisis
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