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Merrill DataSite Releases New Comments: The Effect of Regulatory Reviews on US Financial M&A
Date:3/28/2013

New York, US (PRWEB) March 28, 2013

Read the full article here: http://bit.ly/ZPrasI

The US financial sector is turning to increasingly creative and innovative strategies to seal mergers and acquisition (M&A) deals, as a result of the tightening of the regulatory processes that has been an effect of the global financial crisis.

Writing for Thomson Reuters, M&A expert, Jessica Toonkel, said that regulatory reforms have had a major effect on the practices of the lawyers and financial professionals who deal with the buying and selling of businesses between banks, insurers and other financial service firms.

Last September's $912 million stock deal that saw FirstMerit Corp buy out Citizens Republic Bancorp was a clear example of such creativity, according to Toonkel, particularly regarding the generous terms that FirstMerit offered in order to secure the $250 million of subordinated debt funding that supported the deal.

She explained, “FirstMerit needed the funds to repay the US government for bailing out Citizens in 2008, so the Akron, Ohio-based financial services company promised bond investors that it would buy back their subordinated debt at $1.01 for every dollar if the acquisition received no regulatory approval within nine months.”

The move was the first time such a financing clause had been used by a US bank. Observers have said FirstMerit’s actions proved to be an effective way of hedging against the regulatory risk, which is increasingly causing long delays in major deals, due to the high levels of scrutiny now in place.

Rodgin Cohen, a senior chairman at law firm Sullivan & Cromwell, told Toonkel that
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