Private Equity & Venture Capital Funds
Our team has substantial expertise in the formation and structuring of a wide variety of private equity and venture capital funds. In addition to advising our clients about fund structures, regulatory issues, tax matters, and go-to-market strategies, our attorneys also counsel our clients as to domestic and offshore structures and dealing with tax-exempt and other institutional investors.
Fund Formation Services
We have experience forming leveraged buyout funds, venture capital funds, distressed investment funds, secondary funds, sector-focused funds, mezzanine funds, hard-money lending funds, real estate funds, funds of funds, infrastructure funds, energy funds, and natural resources funds.
We provide the following services in connection with the formation of private equity funds, venture capital funds, and lending funds:
- Assisting fund sponsors in structuring fund vehicles and management entities
- Drafting indicative term sheets to gather indications of interest from investors
- Reviewing marketing collateral and promotional material
- Advising clients on permissible and prohibited marketing practices
- Analyzing regulatory and tax implications for fund sponsors and investors
- Recommending service partners and vendors
- Preparing core offering and governance documents to raise capital from investors
- Handling Form D and state “blue sky” notice filings
- Determining investor qualifications and suitability based on offering characteristics
- Supporting investor negotiations and preparing side letter agreements
M&A Transaction Services
Our team works with private equity and venture capital sponsors as they explore investment opportunities and deploy capital. We have extensive experience negotiating and structuring acquisitions for early-stage investment rounds, control stakes, and minority investment positions. We also advise clients in the context of restructurings and recapitalizations, including mezzanine and convertible debt investments. Additionally, our attorneys have extensive experience with clients that make all types of secured and unsecured commercial loans.
We provide the following services in connection with private equity and venture capital portfolio investments:
- Advising on pre-deal strategic planning and capital structuring
- Structuring of merger and sale transactions, including stock and asset purchases
- Drafting merger and acquisition, purchase and sale, joint-venture and other transactional agreements
- Facilitating deal negotiation and due diligence processes in private equity and venture capital portfolio transactions
- Advising on tax and cross-border issues
Asset Dispositions and Exits
We have advised private equity fund and venture capital fund sponsors as to the execution of a wide range of exit strategies. Our attorneys have worked on strategic sales, joint-ventures, IPOs, and secondary sales. We also stay current on industry norms and best practices with regard to private equity and venture capital deal terms.
We provide the following services in connection with private equity and venture capital exits and dispositions:
- Structuring of merger and sale transactions, including stock and asset purchases related to private equity and venture capital portfolio companies
- Assisting with joint ventures and other strategic combinations
- Drafting merger and purchase and sale agreements
- Advising on voting requirements and other internal governance requirements