Covid-19 coronavirus - advice for the U.S. Private Equity industry
07 April 2020
The Covid-19 crisis continues to impact the global economy in unprecedented ways. Shelter-in-place orders and non-essential business closures around the world have disrupted operations across all sectors, sending ripple effects through supply and demand chains and causing major dislocations in the equity and debt markets.
This pandemic and the ensuing economic fallout raises a mix of pressing concerns and complex legal issues for private equity sponsors and their portfolio company management teams. At the same time, the events surrounding the Covid-19 epidemic may also present private equity sponsors with unique and urgent opportunities to deploy capital, both in their existing portfolio companies as well as in connection with new investments.
This alert synthesizes the support available to private equity sponsors and their portfolio companies in responding to this evolving Covid-19 crisis, including: potential sources of federal relief available to portfolio companies; US employment law considerations arising under Covid-19-related legislation; US tax law considerations arising under Covid-19-related legislation; possible sources of liquidity and credit facility issues; portfolio company material contract considerations, including insurance coverage, efficient breach, and commercial lease-specific issues; Bankruptcy relief; transactional and risk allocation considerations for pending and potential transactions; and Delaware law considerations for both private and public corporates.