Aimee B. Davis Law P.C.

Financing

Raising capital is a complex process that has long-term consequences for a business and its owners. Whether you are raising capital through commercial debt or through a sale of equity or instruments, it is essential for management and its equity holders to understand the terms. You need counsel that is well versed in the wide variety of financial transactions available to generate working capital.

 

Financial and strategic investments involve investors or companies making investments in business enterprises, which is not a full acquisition, and may not include acquiring a majority stake. Financial investors are primarily interested in a return on investment (ROI). Strategic investors are companies that invest in vertically integrated companies, such as vendors, suppliers, distributors, customers or competitors. While strategic investors care about ROI, they typically are driven by the strategic synergies of their investment, such as securing their supply or distribution chain, or taking a minority state in a smaller company as a prelude to a full acquisition.

 

 

We have represented clients in hundreds of debt and equity transactions throughout their corporate life cycles. We strive to understand our client’s financial picture to help them to make intelligent decisions in selecting sources of capital, the form of capital raised, negotiating the terms of that capital, and understanding the covenants and terms to which they will be bound. We leverage our experience to assist our clients negotiate terms that fit their business on a practical level. We work to ensure that document terms do not turn into real traps. We translate the legal jargon to ensure our clients have a clear picture of the outcome of their deal and that it matches their expectations.

Financing and Strategic Investment Solutions:

We represent financial and strategic investors, and other enterprises, in the following:

  • Structuring, formation and governance for onshore/offshore investment funds and companies
  • Advising on sources and methods of capital raising
  • Commercial debt transactions (asset-based lending, revolving lines, term loans)
  • Private company issuance of securities and debt (private placements)
  • Employee Stock Ownership Plan (ESOP) transactions
  • Purchase and sale option agreements
  • Preferred equity offerings
  • Private equity investments on the investor and company sides
  • Buyouts, spin-offs and going private transactions
  • Strategic investments in competitor companies
  • Convertible debt and hybrid securities
  • Complex later-stage recapitalization and investments
  • Recapitalization, restructuring and acquisitions of bankrupt companies and assets
  • Debtor-in-possession (DIP) financing
  • Venture, bridge and mezzanine debt
  • Venture capital investments
  • Seed-stage investments
  • Crowdfunding

Financing Representative Transactions:

  • Representing a personal training business in connection with a working capital loan
  • Representing a U.S.-based restaurateur in an equity investment in Mykonos, Greece
  • Representing a Certified Woman Owned Business as borrower under a $5MM working capital loan
  • Representing an investment fund in structuring and negotiating an amendment to a purchase contract for the acquisition of a 50% interest in a limited liability company buyer of real property, and negotiating and drafting a right of first refusal to acquire adjacent real property
  • Representing a global manufacturing/chemical trading company in the restructuring of various uncommitted credit lines
  • Handling multiple estate planning transfers on behalf of the holders of various equity investments in a New York City motel

Links to Financing Related Blogs