Foley Survey Reveals Challenging Business Environment For Entrepreneurs as Investors Seize Opportunities to Demand More Favorable Deal Terms
December 10, 2008
Emerging companies are facing an extremely difficult business environment as they utilize capital aggressively while extending exit timeframes, according to respondents of a national survey conducted by Foley. At the same time, investors are seizing opportunities to demand more favorable deal terms, including phased-in investments and the use of operational or strategic milestones.
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Guyana does not currently have a binding corporate governance code, and minority shareholder protections are relatively weak. Foreign investors must therefore structure joint ventures and other partnerships carefully, using shareholder agreements, board representation rights, and dispute resolution clauses to safeguard their interests.