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Priyesh Modi
Apr 30, 2024
Relief from Oppressive or Prejudicial Conduct)
In the recent case of Van Der Watt v Schoeman and Others (3393/2022), the Eastern Cape High Court considered the application of section...
Priyesh Modi
Jan 16, 2024
Navigating M&A transactions in South Africa
Navigating M&A transactions in South Africa involves selecting the governing law. Although South African law typically governs...
Priyesh Modi
Oct 31, 2023
M&A transactions, private arbitration reigns as the preferred method of dispute resolution
In South African private M&A transactions, private arbitration reigns as the preferred method of dispute resolution. Private arbitration...
Priyesh Modi
Oct 24, 2023
Private M&A transactions play a crucial role in defining the transaction's structure
Private M&A transactions in South Africa typically involve several key dates and terms that play a crucial role in defining the...
Priyesh Modi
Oct 17, 2023
Private M&A acquisition agreements, it's not unusual to encounter escrow/holdback
In South African private M&A acquisition agreements, it's not unusual to encounter escrow/holdback/retention arrangements. Typically,...
Priyesh Modi
Oct 10, 2023
M&A transactions, sellers usually provide representations, warranties, and indemnities to buyers
In South African private M&A transactions, sellers usually provide representations, warranties, and indemnities to buyers. Representations...
Priyesh Modi
Oct 3, 2023
It is customary in private M&A transactions in South Africa to incorporate specific provisions...
It is customary in private M&A transactions in South Africa to incorporate specific provisions within a Sale and Purchase Agreement ...
Priyesh Modi
Sep 26, 2023
In private M&A transactions in South Africa where there is an anticipated substantial time gap...
In private M&A transactions in South Africa where there is an anticipated substantial time gap between the signing of the agreement and...
Priyesh Modi
Sep 19, 2023
The specific conditions of an acquisition agreement can differ greatly, depending on the...
The specific conditions of an acquisition agreement can differ greatly, depending on the particular transaction. In South Africa, there...
Priyesh Modi
Sep 5, 2023
When it comes to structuring private M&A transactions in South Africa, there are three primary...
When it comes to structuring private M&A transactions in South Africa, there are three primary options available to the parties:...
Priyesh Modi
Aug 29, 2023
In many South African M&A transactions, the purchase price follows a "cash-free, debt-free"...
In many South African M&A transactions, the purchase price follows a "cash-free, debt-free" framework, with potential adjustments based...
Priyesh Modi
Aug 22, 2023
Security Over Shares
In South Africa, security over shares owned by a debtor pursuant to a lending transaction is taken by way of pledge and cession. Similar...
Priyesh Modi
Aug 15, 2023
The Appraisal Rights
The appraisal rights under the South African Companies Act, 2008 allow a dissenting shareholder in limited circumstances, for example, a...
Priyesh Modi
Aug 8, 2023
Special Resolution
In terms of section 41(3) of the South African Companies Act, 2008 (the Act), a special resolution is mandatory when issuing shares,...
Priyesh Modi
Aug 1, 2023
Issuing Shares Without Proper Authorization
In terms of the South African Companies Act, 2008 if a company issues shares without proper authorization under section 36 or exceeds the...
Priyesh Modi
Jul 18, 2023
Shareholders Shares Without Immediate Full Payment
Under the South Africa Companies Act, 2008, and subject to financial assistance considerations, shareholders can subscribe for shares...
Priyesh Modi
Jul 11, 2023
Material Adverse Change (MAC)
A material adverse change (MAC) is a commonly used term in merger and acquisition agreements, both internationally and in South Africa....
Priyesh Modi
Jul 4, 2023
Section 48 of the South African Companies Act, 2008
Section 48 of the South African Companies Act, 2008 states that the board of a company has the authority to decide that the company will...
Priyesh Modi
Jun 27, 2023
The South African Companies Act, 2008 (the Act) provides substantial latitude for a wide range of me
In this regard, the Act is liberally drafted, allowing companies significant flexibility to design the merger transaction according to...
Priyesh Modi
Jun 20, 2023
Commanditarians
Many South African private equity funds are structured as en commandite partnerships, which are governed by common law and established...
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