Latest M&A News:
- 05/27/22: With VMware deal, Broadcom reaches for the cloud
The $61 billion combination is one of the biggest of the year, and may signal more tech deals to come. - Source: NYT > Mergers, Acquisitions and Divestitures
- 05/26/22: NW Natural Water Continues Growth in Washington with Two More Acquisitions
PORTLAND, Ore.--(BUSINESS WIRE)--NW Natural Water Company, LLC (NW Natural Water), a wholly-owned subsidiary of Northwest Natural Holding Company (NYSE:NWN) (NW Natural Holdings), recently signed two agreements to acquire Northwest Water Services and Aquarius Utilities, collectively serving approximately 1,400 connections in Washington near its existing Cascadia Water utilities. “Since our initial investments in 2018, we’ve consistently expanded Cascadia Water’s footprint, improved its systems, - Source: Business Wire Merger/Acquisition News
- 05/26/22: Broadcom to Acquire VMware in $61 Billion Enterprise Computing Deal
The resulting combination of chip company and software maker would be one of the most important suppliers of technology to the cloud computing market. - Source: NYT > Mergers, Acquisitions and Divestitures
- 05/26/22: GoDigital Media Group Acquires Eastern Mountain Sports and Bob’s Stores
LOS ANGELES--(BUSINESS WIRE)--GoDigital Media Group, LLC (“GoDigital”) has acquired Eastern Mountain Sports (“EMS”), a leading outdoor apparel brand and retailer, and Bob’s Stores (“Bob’s”), a retailer of apparel, footwear, and workwear from U.K.-based Frasers Group plc (“Frasers”). As part of the acquisition, GoDigital has augmented its organization by adding 900 employees, 42 stores, and a warehouse and fulfillment center. “The acquisition of EMS and Bob’s is a major step in our strategy to g - Source: Business Wire Merger/Acquisition News
- 05/26/22: Thomas S. Murphy, Broadcasting ‘Minnow’ Who Swallowed ABC, Dies at 96
As the head of Capital Cities Communications, he engineered the acquisition of the TV giant. He later sold the company to Disney, at a huge profit. - Source: NYT > Mergers, Acquisitions and Divestitures
- 05/26/22: Quidel and Ortho Announce Expected Closing of Ortho Transaction
SAN DIEGO--(BUSINESS WIRE)--Quidel Corporation (NASDAQ: QDEL) (“Quidel”), a provider of rapid diagnostic testing solutions, cellular-based virology assays and molecular diagnostic systems, and Ortho Clinical Diagnostics Holdings plc (“Ortho”), one of the world’s larger pure-play in vitro diagnostics companies, announced today that the closing of the previously announced Ortho transaction is expected to occur on May 27, 2022. On May 26, 2022, the High Court of Justice of England and Wales issued - Source: Business Wire Merger/Acquisition News
- 05/26/22: Zurn Water Solutions Stockholders Pave Way for Combination With Elkay Manufacturing
MILWAUKEE--(BUSINESS WIRE)--Zurn Water Solutions Stockholders Pave Way for Combination With Elkay Manufacturing - Source: Business Wire Merger/Acquisition News
- 05/26/22: Daybreak Completes Its Acquisition of Reabold California LLC
SPOKANE VALLEY, Wash.--(BUSINESS WIRE)--Daybreak Oil and Gas, Inc. (OTC PINK: DBRM) (“Daybreak” or the “Company”), a Washington corporation, is pleased to announce that it has completed its acquisition of Reabold California LLC. Reabold California is now a wholly-owned subsidiary of Daybreak. James F. Westmoreland, President and Chief Executive Officer, commented, “We are pleased to add Reabold California LLC into our portfolio of oil and gas properties. Daybreak now owns approximately 1.1 mill - Source: Business Wire Merger/Acquisition News
- 05/26/22: Kwasi Kwarteng to review French billionaire’s BT stake over security concerns
Business secretary intervenes after biggest shareholder Patrick Drahi raised stake in UK telecom giant to 18%
The UK government has launched a “full national security assessment” of the French telecoms billionaire Patrick Drahi over the increase in his stake in BT to 18%.
The business secretary, Kwasi Kwarteng, said on Thursday he was exercising his “call-in power” under the National Security and Investment Act 2021 after Drahi’s Altice company increased its stake in BT from 12.1% to 18% in mid-December making him the single biggest shareholder.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 05/26/22: MRP Capital Group Acquires a $117 Million Portfolio of 27 Small Market Walmart Shadow Centers
ST. LOUIS--(BUSINESS WIRE)--MRP Capital Group Acquires a $117 Million Portfolio of 27 Small Market Walmart Shadow Centers - Source: Business Wire Merger/Acquisition News
- 05/26/22: ShipX Acquires Princeton Logistics and TriStar Carriers, Expands E-Commerce Transportation Service Offerings
NEW YORK--(BUSINESS WIRE)--ShipX announces the acquisition of Princeton Logistics and its subsidiary, TriStar Carriers, to expand the ShipX service portfolio. - Source: Business Wire Merger/Acquisition News
- 05/26/22: Terreno Realty Corporation Acquires Properties in Los Angeles and Inglewood, CA for $27.2 Million
BELLEVUE, Wash.--(BUSINESS WIRE)--Terreno Realty Corporation Acquires Properties in Los Angeles and Inglewood, CA for $27.2 Million - Source: Business Wire Merger/Acquisition News
- 05/26/22: Major Reforms Proposed for UK Merger Control: What Dealmakers Need to Know
On April 20, 2022, the UK government announced wide-ranging reforms to UK competition and consumer law policy, including significant threshold changes to the UK merger control regime. In particular, while the government aims to retain the UK’s voluntary and non-suspensory merger regime, the proposed reforms plan to expand the already extensive ability of the UK’s Competition […] - Source: Cooley M&A
- 05/25/22: Twitter’s Chief Tries Staying the Course as Elon Musk Upends Plans
Parag Agrawal, Twitter’s chief executive, is grappling with a takeover where nobody “would want to be in those shoes.” - Source: NYT > Mergers, Acquisitions and Divestitures
- 05/25/22: Inside the Chelsea Sale: Deep Pockets, Private Promises and Side Deals
Britain’s government has cleared the sale of the Premier League soccer team. But to win approval, the new owners had to agree to a set of unusual conditions. - Source: NYT > Mergers, Acquisitions and Divestitures
- 05/24/22: US Begins Inquiry Into Industry’s Role in Infant Formula Supply Shortages
The Federal Trade Commission said it would examine patterns of mergers and acquisitions to better understand how the industry became so concentrated. - Source: NYT > Mergers, Acquisitions and Divestitures
- 05/24/22: A feud over fossil fuel money
Some faculty and students at Stanford want the university to reject industry donations. It’s the latest clash in a wider battle over whether to shun oil and gas money. - Source: NYT > Mergers, Acquisitions and Divestitures
- 05/24/22: Hollywood’s Investment Boom Continues With Deal for Spanish-Language Producer
Candle Media, run by former Disney executives, is buying Exile, which has deals to produce shows for Netflix, HBO and Amazon Prime. - Source: NYT > Mergers, Acquisitions and Divestitures
- 05/23/22: Broadcom in Talks to Acquire VMware, the Cloud Computing Company
Since its attempt to buy the U.S. chip maker Qualcomm was blocked in 2018, Broadcom has diversified the types of companies it buys. - Source: NYT > Mergers, Acquisitions and Divestitures
- 05/22/22: Tesla’s Aura Dims as Its Plunging Stock Highlights the Risks It Faces
Production problems in China and Elon Musk’s pursuit of Twitter are leading investors to wonder whether the electric car company is worth as much as they thought. - Source: NYT > Mergers, Acquisitions and Divestitures
- 05/20/22: THG shares soar amid prospect of bidding war for online retailer
Firm has had three recent takeover approaches, while property tycoon Nick Candy may also make move
Shares in THG soared by a quarter on Friday as investors cheered the prospect of a multibillion-pound bidding war for the online retailer, including a possible offer from property tycoon Nick Candy.
The market value of THG, the online health and beauty retailer formerly known as the Hut Group, leapt by almost £400m to £1.8bn after the company confirmed there had been three takeover approaches in recent weeks.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 05/20/22: M&C Saatchi accepts £310m takeover by Next Fifteen
Ad agency agrees deal after rejecting four offers by deputy chair Vin Murria’s investment vehicle
The digital marketing group Next Fifteen has struck a £310m deal to buy M&C Saatchi, gazumping the tech entrepreneur Vin Murria’s takeover attempt, and ending almost three decades of independence of one of Britain’s most famous advertising agencies.
London-listed Next Fifteen, which has a £1.2bn market valuation, has tabled a cash and share offer for M&C Saatchi valuing the company at 247p a share that it aims to seal through a scheme of arrangement.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 05/17/22: What are Elon Musk’s options in the Twitter takeover deal?
The Tesla chief says the deal cannot go ahead unless the platform proves that fewer than 5% of users are bots
Elon Musk has said his $44bn (£35bn) planned takeover of Twitter cannot progress until the microblogging platform proves that fewer than 5% of its users are fake or spam accounts. There is a strong chance the world’s richest person could try to walk away from the deal or to negotiate a lower price than the agreed $54.20 a share.
This raises questions about what actions Musk can take under the terms of the deal he signed last month with Twitter, which experts say gives the Tesla chief executive limited room for manoeuvre.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 05/17/22: Dear Mr Musk, stop bleating about Twitter bots and get on with it
The tycoon’s behaviour over the $44bn takeover is disgraceful – but it may prove effective too
- What are Elon Musk’s options in the Twitter takeover deal?
- Elon Musk: ‘Deal can’t progress without proof on bots’
You’re on the hook, Elon, so stop bleating about bots and cease speculating about a lower takeover price. When we agreed a bid at $54.20 a share, in cash, you waived your right to conduct due diligence. Look busy and use your best efforts to get the deal over the line, as you’re legally obliged to do.
That wasn’t exactly the tone of the board of Twitter’s statement on Tuesday about how it is “committed to completing the transaction on the agreed price and terms”, but may as well have been. After days of diverting comments by Elon Musk, Twitter is trying to bring the script back to basics. A $44bn (£35bn) deal has been agreed and a bidder can’t speculate about putting it “on hold” while he takes another look under the bonnet.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 05/17/22: Elon Musk: Twitter deal cannot progress without proof on bot numbers
Tesla CEO and world’s richest person expressed concerns about presence of fake accounts on platform
Elon Musk has cast further doubt over his $44bn (£35bn) takeover of Twitter after stating the deal “cannot move forward” until the social media company proves that less than 5% of its users are fake or spam accounts.
The Tesla chief executive used his Twitter account to say the agreed deal would not progress until the firm showed proof that only a small proportion of its users were fake.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 05/16/22: Delaware bar recommends DGCL amendments, including officer exculpation charter provisions
The Council of the Corporation Law Section of the Delaware State Bar Association has provided recommendations to the Delaware General Assembly for a number of changes to the Delaware General Corporation Law, some of them significant, such as an amendment authorizing charter provisions that would eliminate the personal liability of specified officers for breaches of the duty […] - Source: Cooley M&A
- 05/13/22: Twitter takeover temporarily on hold, says Elon Musk
Tesla owner says $44bn deal has been paused until he gets more information about fake accounts
Elon Musk has said his $44bn (£36bn) takeover of Twitter is “temporarily on hold” in a tweet that rocked the company’s share price and cast doubt on whether the deal will happen.
The Tesla chief tweeted on Friday morning that the deal was being frozen while he awaited details supporting Twitter’s assertion that fewer than 5% of its users were spam or fake accounts. In a subsequent tweet, Musk said he was “still committed to acquisition”, amid speculation that the world’s richest man was about to walk away from the deal or seek a lower price.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 05/09/22: McColl’s saga is lesson banks must take onboard with recession looming | Nils Pratley
A rescue was on offer, so there was no need to create extra uncertainty by calling in the administrators
All’s well that ends well? Not quite. McColl’s has obviously got the right rescuer in the shape of Morrisons, the biggest supplier by far to the 1,100-strong convenience store chain. But David Potts, the chief executive of Morrisons, was entitled to say he was “disappointed” that this mini-drama involved McColl’s going into administration at all. He could have said “furious”.
His group’s proposal at the end of last week to take the business in solvent form appeared to tick the main boxes. It protected pensioners, sought to maximise employment among McColl’s 16,000 staff and allowed bank lenders to switch into Morrisons-backed debt with a superior covenant. Most of all, the plan had commercial sense in its favour: with 250 McColl’s stores trading under the Morrisons Daily banner, so the major supermarket had a strong incentive to make the mismanaged operator work. It has looked the natural owner of McColl’s for weeks, if not months.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 05/09/22: Morrisons wins race to buy McColl’s ahead of Asda owners
All 16,000 staff of struggling convenience store chain will be transferred to the supermarkets group
Morrisons has beaten the owners of Asda in the race to buy McColl’s after the struggling convenience store chain fell into administration.
Morrisons’ final offer for McColl’s was selected ahead of an improved bid made over the weekend by EG Group, the petrol forecourts operator owned by the Blackburn-based Issa Brothers, who also own Asda.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 05/03/22: Morrisons owner offers to sell 87 petrol stations to clear £7bn takeover
US private equity group Clayton, Dubilier & Rice is seeking approval for deal from competition regulator
The new owner of Morrisons has offered to sell 87 petrol station forecourts in an effort to gain the competition watchdog’s approval for its £7bn takeover of the UK’s fourth largest supermarket.
The Competition and Markets Authority (CMA) said it was “minded to accept” the plan by Clayton, Dubilier & Rice, a US private equity firm that owns a string of petrol forecourts, but it would consult on it before making a final ruling.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 05/02/22: Square Enix sells its western studios and hits such as Tomb Raider for $300m
Japanese gaming company behind Final Fantasy series secures deal with Sweden-based Embracer
The Japanese gaming company behind Final Fantasy is selling off three studios, including the rights to hit franchises including Tomb Raider, in a $300m (£240m) deal.
Tokyo-based Square Enix has sold US-headquartered Crystal Dynamics and Canada-based Eidos Montreal and Square Enix Montreal to the Nasdaq-listed Swedish gaming group Embracer.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 04/29/22: Johnson Matthey shares soar after US conglomerate buys stake
Shares in struggling British chemicals producer jump after fund linked to Standard Industries takes 5% stake
Shares in chemicals producer Johnson Matthey have jumped by a fifth after a US industrial conglomerate bought a stake in the struggling British company, in a move that immediately prompted takeover speculation for one of the UK’s most venerable large businesses.
Shares in the company, listed on London’s FTSE 250 index, soared by as much as 30% on Friday after a fund linked to New York-based Standard Industries took a 5% stake. Shares retreated to an 18% gain at midday in London.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 04/27/22: Controversy grows after Musk engages with tweets criticizing Twitter staff
Acquisition agreement allows Musk to tweet about deal but not to disparage firm or its representatives
Controversy grew on Wednesday over tweets from Elon Musk engaging with criticism of Twitter employees, despite a promise from the entrepreneur not to “disparage” the company or its representatives while he completes the deal to acquire the social media platform.
The world’s richest man agreed to restrictions on his tweets as part of a 95-page agreement covering his $44bn acquisition filed on Tuesday.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 04/27/22: Twitter takeover: EU and UK warn Elon Musk must comply or face sanctions
EU commissioner raises hate speech concerns as UK draws attention to penalties in online safety bill
The UK and EU have warned that Twitter must comply with new content rules or face sanctions that range from fines to a total ban, as concerns were raised that hate speech will increase on the platform under the ownership of Elon Musk.
The world’s richest man has agreed a $44bn (£34bn) deal to buy the social media network, which will hand control of a platform with 217 million users to a self-confessed “free speech absolutist”.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 04/26/22: The Twitter shareholders set to make millions from Elon Musk’s takeover
Analysis: From founder Jack Dorsey to dotcom pioneer Martha Lane Fox … the big players in line for big payouts
Elon Musk’s $44bn (£35bn) takeover of Twitter could lead to multimillion-dollar payouts for its co-founder Jack Dorsey, along with key executives and board members, while staff could also share a $1bn windfall if stock options pay out.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 04/26/22: Tesla shareholders are forgotten constituent in Elon Musk’s Twitter deal
Risks for EV company include sale of stock to fund takeover and spill-over political effects
Elon Musk’s public description of how he plans to run the Twitter show could currently be transcribed in fewer than 280 characters, so it’s not surprising that everybody, from EU commissioners down, is fretting about what happens when a maverick billionaire gets the controls of a divisive social media site.
The overlooked constituency in the excitement, however, is the shareholders in Tesla, Musk’s electric car company that has a better chance of making a positive contribution to civilisation. Its stock slumped 10% in early trading on Tuesday as the market digested the meaning of the boss’s latest adventure.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 04/26/22: Could Elon Musk’s Twitter plans prove a costly mistake?
Analysis: Experts warn against reinstating banned accounts and neglecting moderation
Welcome back Donald Trump, Katie Hopkins, David Icke and Alex Jones? These are just some of the Twitter accounts that could be reinstated if the platform’s new owner-in-waiting, “free speech absolutist” Elon Musk, practices what he preaches.
All of those accounts have been permanently suspended from the platform for infractions that include, most notoriously, the former US president’s alleged support for the Capitol riot on 6 January last year. Their reinstatement now appears to be back in play given that the world’s richest man has agreed a $44bn (£35bn) takeover of the platform that banned them and has stated that “free speech is the bedrock of a functioning democracy”.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 04/26/22: Schemes of Arrangement: Dodgy Plots or Effective Ways to Purchase UK Companies?
1. What is a scheme of arrangement and when might you use it? While the word ‘scheme’ may give you pause, a scheme of arrangement is a well-trodden path to purchase UK companies via a court-approved process. A scheme of arrangement is the most common structure for acquiring a UK public company when the target’s […] - Source: Cooley M&A
- 04/26/22: Is the SEC process for SPAC registration statements Kafkaesque?
“Statement Regarding SPAC Matter,” is the latest from SEC Commissioner Hester Peirce. Seems completely anodyne, doesn’t it? But, as they say, looks can be deceiving. Instead, it’s a withering criticism of the SEC’s failure to declare a SPAC registration statement effective in time to allow a de-SPAC merger to go forward, implicitly suggesting at the end […] - Source: Cooley M&A
- 04/21/22: Elon Musk secures $46.5bn to fund possible hostile bid for Twitter
Tesla CEO is putting $21bn of his own money in the package, according to US watchdog filing
Elon Musk has secured $46.5bn (£35.6bn) in financing to fund a possible hostile bid for Twitter and is putting up $21bn of his own money as part of the package.
On top of that equity, Musk is raising a further $12.5bn for the offer via a margin loan secured against his shares in Tesla, the electric carmaker that he runs as CEO. Morgan Stanley, the US investment bank, is leading a group of financial institutions providing $13bn in debt financing.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 04/21/22: THG rejects ‘unacceptable’ takeover approaches as revenues jump by 35%
Online shopping group says it has dismissed ‘multiple’ attempts to buy company
Online shopping group THG has dismissed “numerous” takeover approaches as “unacceptable”, saying they undervalued the company.
Manchester-based THG (formerly known as The Hut Group), which runs beauty and nutrition websites including Lookfantastic, Cult Beauty and Myprotein, confirmed there had been interest from third parties, but said the company was not currently involved in any talks.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 04/19/22: Time for Rishi Sunak to get serious about helping with energy bills | Nils Pratley
As energy chiefs fear impact of further rises, chancellor’s measures look naive and politically unfeasible
Rishi Sunak’s first attempt to “take the sting out” of rising household energy bills was a bits-and-pieces £9bn support package that seemed to rest on the idea that the crisis would go away soon. The giveaway in the thinking was the £200 per household “rebate” that represented about half the headline figure. It wasn’t a rebate in a true sense – it was just a means to shove a portion of customers’ bill into later years, when, the chancellor was presumably calculating, wholesale prices would be lower.
The plan sounded hopeful when unveiled in February but now reads as naive and politically unfeasible. Latest projections suggest October’s price cap will rise by another £600 per household on average – that’s on top of the £694 increase that kicked in at the start of this month. And a key point, as a battalion of energy bosses told MPs on the business and energy select committee on Tuesday, is that the new tariff will apply during the winter months of peak consumption.Continue reading... - Source: Mergers and acquisitions | The Guardian
- 04/13/22: Delaware Advance Notice Decisions Highlight Move Toward Enhanced Scrutiny of Board Actions, Even Where Conflicts Exist
Like US constitutional law, Delaware courts apply a tiered standard of judicial review to actions taken by the board of directors of corporations: Business judgment deference (rational basis). Enhanced scrutiny under Unocal and Revlon (intermediate scrutiny). The compelling justification standard articulated in Blasius (strict scrutiny). In the constitutional arena, the failure to satisfy the strict […] - Source: Cooley M&A
- 04/01/22: New SEC proposal takes on SPACs
Yesterday, the SEC voted, three to one, to propose new rules and amendments regarding SPACs, shell companies, the use of projections in SEC filings and a rule addressing the status of SPACs under the Investment Company Act of 1940. The proposal arrives in the context of calls from various corners, including from SEC Chair Gary […] - Source: Cooley M&A
- 03/30/22: Corp Fin issues new M&A-related CDIs
Last week, the SEC issued a number of new CDIs related primarily to M&A transactions, including Forms 8-K, communications under Rule 14a-12, and, in the context of de-SPAC transactions, the Rule 14e-5 prohibition of purchases outside of a tender offer. To learn more about these updates, please see the recent post on Cooley PubCo. - Source: Cooley M&A
- 03/29/22: ESG and M&A: Vetting a Target’s ESG Strengths and Weaknesses to Assess Value, Go-Forward Risks and Disclosure Requirements
The corporate sector’s approach to environmental, social and governance (ESG) issues – or “ESG” (the shorthand by which they are commonly referred) – has risen in prominence in recent years as investors have become increasingly socially conscious. It’s clear that what was once just an industry buzzword is here to stay, and companies must do […] - Source: Cooley M&A
- 03/11/22: Delaware (Again!) Requires Upward Adjustment to Deal Price in Appraisal Proceeding Despite Objectively Fair Sales Process
A recent Court of Chancery decision adds yet another wrinkle to the appraisal landscape and the potential for appraisal arbitrage. In BCIM Strategic Value Master Fund LP v. HFF, Inc. (Del. Ch. Feb. 2, 2022), the court found that—despite a sufficiently robust sales process that supported ascribing heavy weight to the signing price as a […] - Source: Cooley M&A
- 01/25/22: Hart-Scott-Rodino Act Thresholds Jump in 2022
Basic ‘size-of-transaction’ threshold now $101 million The Hart-Scott-Rodino Act thresholds, which govern when mergers and acquisitions must be reported to the US Department of Justice and Federal Trade Commission, will jump 9.8% in February 2022. The basic “size-of-transaction” threshold will increase from $92 million to $101 million. The FTC announced the annual revisions on January […] - Source: Cooley M&A
- 01/21/22: Antitrust Trends to Look Out for in 2022
One year into his administration, President Joe Biden has made clear that aggressive competition policy is on the agenda. With a team of progressives filling leadership roles at the Federal Trade Commission and in the Antitrust Division of the US Department of Justice, companies are able to predict what the next several years may look […] - Source: Cooley M&A
- 01/20/22: Cooley’s 2021 Life Sciences M&A Year in Review
General trends in life sciences M&A Although the COVID-19 pandemic that defined 2020 continued to shape much of the life sciences industry in 2021, the way that it did was markedly different. While 2020’s M&A landscape was characterized by whiplash volatility from choppy deal activity in the first half of the year to a surge […] - Source: Cooley M&A
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