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After months of delay, the CHIPS Act of 2022 finally cleared both houses of Congress last week, as part of larger legislation focused on supporting many aspects of science and innovation.

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In an M&A market that remains exceedingly frothy, many would-be buyers in the middle market are being forced to acquire the equity of a target company (rather than its assets) in order for their bids to be competitive. 

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When the purchaser and the seller of a business are not able to negotiate an agreed-upon price to be paid at closing, one option is to incorporate an earnout provision into the transaction document.

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Being a business owner always carries a certain level of risk. However, the rewards of ownership can be great as well. Whether you own one company or a portfolio of enterprises, you know that leveraging your assets and minimizing your liabilities is key.

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