In the corporate business world, maintaining confidentiality is paramount to success. As a result, Confidentiality Agreements are frequently used between companies that are considering doing business with each other and need to understand each other's processes or data to evaluate and create a business agreement. The types of confidential information that may be applicable are such things as inventions, trade secrets, new products or manufacturing processes, or any other trade secret items or data. Confidentiality Agreements, however, are also used in employer-employee relationships, where employees need to have access to confidential information in the course of their employment, but the employer wants to ensure that the employee does not use or disclose this information for any other purpose. Have questions about Confidentially Agreement ? IMG can help.
Letters of Intent (LOI) and Memorandums of Understanding (MOU) are generally non-binding contracts that spell out the broad parameters of an M&A transaction. LOIs and MOUs are designed to help identify and resolve key issues in the negotiation process, and hopefully, to narrow down outstanding issues prior to spending the time and money associated with conducting due diligence and drafting the transaction contracts and supporting documents. LOI or MOU’s also may set the price or price range, the parameters of due diligence, necessary pre-deal recapitalizations, confidentiality, exclusivity, and time frames for completing each step in the M&A transaction. Please contact IMG with your questions about LOI and MOUs.
The Merger Agreement sets out the financial terms of the transaction and legal rights and obligations of the parties with respect to the transaction. Merger Agreements also provide the buyer with a detailed description of the business being purchased and provides for rights and remedies in the event that this description proves to be materially inaccurate. Have a question about the Merger Agreement process or need an objective 3rd party to look over your Merger Agreement? IMG can help.
Private Equity (PE) constitute investments made by independent investors and funds directly into private companies. In 2011 and 2012, according to Marine Money International, private equity funds closed no less than twenty two shipping transactions with an aggregate deal size of more than US$6.4 billion. Sensing opportunities in the market, PE fund managers have courted the shipping industry, and facing tighter credit markets, ship owners have welcomed PE as a new source of badly needed capital. If you have any questions about Private Equity or your company is being courted by a PE firm, IMG can help.
IMG is positioned to assist business organizations in drafting various types of corporate agreements and contracts. We assist clients with: day to day contracts and operational disputes; letter of credit disputes; supply contracts and standard terms for physical sale and purchase; storage and throughput agreements; disputes under time and voyage tanker charter parties including demurrage; joint ventures; regulatory issues and sanctions; and trade finance.
Forming the right business entity is critical to its success. Exactly what legal entity should be chosen and how it should be structure deserves early and careful planning. The most appropriate choice of entity depends upon your preferences for personal and entity taxation, risk of liability; business management authority; obligations as to meetings, paperwork, filings, personnel, and officers and directors-just to name a few.
Intellectual property is one of the most valuable assets owned by a business and its significant value often leads to disputes. Our lawyers have extensive experience in pursuing and defending all types of disputes and we assist our clients with the enforcement of their own rights, and in matters of infringement of the rights of others.
IMG’s joint venture experience includes domestic, cross border and international joint ventures. The firm has been involved in joint ventures throughout the United States and in non-U.S. countries. IMG’s lawyers have a thorough understanding of all U.S. laws relating to the formation and operation of a joint venture business by a U.S. company.