It is necessary to have a solid understanding of how law and finance work together in the private equity and M&A deals to ensure informed decision-making. The approach calls for clear-cut efficiency and having an exceptional grip on the procedures involved in formulating deals. Successful deal-making strategies cannot be used unless one understands the underlying complexities. For instance, term-sheet negotiations; legal compliance requirements; regulatory procedures and structural elements of the deal itself. More often than not, these complexities catch many professionals off-guard, due to which, important deals are delayed or in some cases, even called off.

Recognising this issue, the BSE Institute Limited has launched the “Exploring Legal Standpoints & Documentation Procedures of PE/VC and M&A Deals” program – an effective, interactive and detailed course that will walk you through all of the essential steps in the process of drafting Private Equity; Venture Capitalist; and Mergers & Acquisitions agreements, covering the most vital nuances along the way.

Who should attend?

  • Private equity professionals
  • Venture Capitalists
  • Lawyers & Legal Professionals from Corporate
  • CXO level executives
  • Contract Managers/Specialists
  • M&A specialists
  • Programme Highlights

  • The total deal process and preliminary matters
  • Effective negotiation techniques
  • Legal risk management in private equity
  • Clarity on common mistakes in drafting investment agreements
  • Key steps in a comprehensive due diligence
  • A holistic acquisition and investment agreement
  • Structural elements of a deal to maximize return
  • Development of strategic business plan
  • An ideal tax structuring for pre-investment, post-investment and exists
  • Key Takeaways

  • Learn critical principals of negotiating and drafting
  • Avoid damaging and costly mistakes when drafting your agreements
  • Develop creative, effective and bulletproof documents
  • Understand how to translate the “deal” to paper while avoiding becoming a convict of forms
  • Anticipate and prevent future conflicts through good drafting
  • Receive valuable and useful take-away: precedents, checklists, model agreements
  • Programme Agenda

    09:15 – 09:30 Registration
    09:30 – 09:45 Welcome Address & Lighting the Lamp
    09:45 – 10:00 Breakfast
    10:00 – 11:30 Negotiation of PE/VC and M&A Deals
    Key principles of negotiation, Understanding the needs of negotiating parties, Determining the rights and obligation of parties, how does one get the best from negotiating with a PE and Common mistakes during negotiation.
    Addressed by Mr. Ankit Majmudar, Partner, Platinum Partners, (Mumbai & Banglore), Mr. Gautam Bhat, Partner, Platinum Partners (Mumbai)
    11:30 – 11:45 Tea / Coffee
    11:45 – 01:15 Legal Issues and Documentation
    Common legal issues (PE, VC and M&A), Enforceability & pitfalls, Subscription agreements: Conditions precedents, Representations and warranties, Due diligence and discovered liabilities, Terms of issue of securities such as dividend, Shareholder Agreements: Board rights, Veto rights, Restrictions on transfer of securities – ROFO/ROFR/Tag/ Lock ins, Exit rights, Review of essential documents
    Addressed by Mr. Sharad Abhyankar, Partner, Khaitan & Co. (Mumbai)
    01:15 – 02:00 Lunch
    02:00 – 03:30 PE, VC and M&A Deal Structuring

    Deal structuring framework, financial structure, due diligence, valuation, risk assessment, debt financing, interim liquidity, eventual exit

    Addressed by Mr. Vijay Paradkar, Vice President (M & A), Mahindra & Mahindra Ltd.(Mumbai)
    03:30 – 03:45 Tea / Coffee
    03:45 – 05:15 Tax Structuring

    Structuring prior to actual investment, Structuring during the term of investment, structuring the exit.

    Addressed by Mr. Samsuddha Majumder, Partner, Trilegal (Delhi)
    05:15 – 05:45 Closing Remarks & Distribution of Certificates.