venture capital/emerging growth: matters
Investment Firm - Venture Capital Investments
Representation of off-shore investment firm in connection with its ongoing venture capital investment activities. The firm invests in domestic, as well as foreign companies with a primary focus on medical devices and hi-tech Israeli start-up companies.
Representation of Start Up Company
Represent start up company with innovative technology in the food safety industry in all aspects of its organization, development, acquisition and protection intellectual property and initial venture funding.
Expansion VC - Angel Investments
Representation of Expansion VC, a New York based venture capital firm, in connection with its recent angel investments in Pricing Engine, a provider of business intelligence tools for digital marketers, the RealReal, an online membership-based marketplace for previously-owned jewelry, accessories and clothing, Tailored, Inc., an online bridal and wedding planning service, and Apptopia, which runs an online marketplace designed to help broker the sale of mobile apps.
Direct Adoption LLC
Represent the formation of a venture start up that creates and fosters a community for people who want to adopt children, including the launch of a content rich website.
Fashionware - Intellectual Property Matters
Representation of Fashionware Technologies Corp., a boutique technology solutions developer specializing in the fashion industry, in connection with intellectual property, marketing and corporate matters related to its proprietary Fashionware PLM software suite designed to manage the life cycle of products for apparel, footwear and soft goods companies.
Represent a new venture providing a kiosk platform providing video advertisement with consumer services including charging cell phone and other devices with its strategic venture contract with the leading global airport retailer.
Optima Capital - Equity & Debt Documentation
Representation of Optima Capital in developing a set of equity and debt investment form documents, including engagement letters and NCNDA forms, for use with transaction investors and targets. Optima is currently reviewing two debt financings and three equity financings for execution in the first half of 2011. Herrick will represent Optima in these and all of its venture financings going forward.
Private Equity Fund - Clean Technology
Representation of principals in a $250 million Cayman Islands-based fund investing in SE Asian clean technology projects through a Netherlands-based investment vehicle to achieve optimum tax efficiency. Investments will be conducted in concert with local governments and the World Bank. Investors will be domiciled in Europe, Asia and the United States.
Rock Spring Partners - Formation of Life Sciences Fund
Representation of Rock Spring Partners in the formation of their second life sciences fund, Rock Spring Ventures, LP (RSV). RSV is a venture capital fund that invests in early-stage, high-growth life science companies in the United States and United Kingdom. RSV's initial investors include several of Japan and Korea's leading corporations and financial institutions. These investors help provide an important bridge to key markets in East Asia.
Electrical Services Firm - Stock Acquisition
Representation of the owners of a full-service electrical and telecommunications services firm in acquiring the outstanding stock of a national leader in solar shading solutions and daylight management systems.
Tradenet Investments - Equity Investment
Representation of Tradenet Investments, Ltd., a venture capital investment firm whose principals are based in Singapore, in its equity investment in Georande, Ltd., a Cyprus holding company that invests in agricultural land in the Ukraine. The transaction involves linking the equity investment to an existing non-recourse loan made by a third company, MCB Finance, to Georande.
Dubilier & Company - Capital Raise
Representation of Dubilier & Company in its acquisition of Bluegrass Dairy & Food, LLC and in its capital raise to fund the acquisition, which was financed through a preferred stock financing, a senior subordinated credit facility, and a senior revolving and term loan credit facility.
Okinawa Management Pte. Ltd - Financing
Representation of Okinawa Management—a Singapore entity—in arranging a $4.1 million financing for another Singapore entity, Asia Resource Partners, which is under contract with the U.S. military to deliver fuel to U.S. bases in Japan. The financing—which consisted of Okinawa purchasing secured demand promissory notes issued by Asia—provided Asia with the liquidity it needed to meet their obligations.
New Media Company - Formation & IP Filings
Representation of a new media company that provides dynamic digital content and advertising through kiosks in high traffic areas, such as the airports, that can also charge electronics and download digital content. We helped the company with its initial round of financing, its formation strategy and IP filings as well as its strategic alliance agreement with one of the largest airport retailers.
Venture Capital Firm - Regulatory Matters & Financing
Representation of a venture capital firm that develops solar farms in New Jersey in its formation. We advised them on regulatory matters, the initial partnership agreement and the initial round of financing as well as with its strategic alliance with a multi-billion dollar company that finances solar projects.
Small Bone Innovations, Inc. - Credit Facility
Representation of SBI, a leading, privately held orthopedics company focused exclusively on technologies and treatments for the small bones and joints, in a $30 million credit facility with Fortress Credit Corp. to fund accelerated business expansion and refinance existing indebtedness.
Small Bone Innovations - “S.T.A.R.” Acquisition
Representation of Small Bone Innovations in its acquisition of Link America, Inc., including the technology for the S.T.A.R. Ankle--a total ankle replacement prosthesis that is the first of its kind to receive FDA approval in the U.S.
Southeast Asian Venture Capital Fund - Investment Vehicle Structure
We helped the Singapore branch of a major Japanese asset management firm establish an investment vehicle structure for a $250 million clean technology fund in Southeast Asia. The fund was structured as a private-public partnership consisting of an investment vehicle established by the foreign government for this purpose, as the public component, and a private venture capital fund established as a limited partnership in the Cayman Islands investing through an investment vehicle structure established in The Netherlands, for the private component. The fund is focused on relatively small, local clean technology projects in Southeast Asia.
Hollinger International - Investment Monetization
Representation of Hollinger International, a major international newspaper company which owns more than 400 titles, in connection with its efforts to monetize certain of its venture capital and private equity investments.
Small Bone Innovations - Corporate Transactions
Representation of a small bone orthopedics company in its $42.2 million venture capital transaction; credit facility; joint ventures and strategic alliances and numerous acquisitions and licensing transactions.
Unilever Technology Ventures Advisory Company - Venture Capital
Representation of Unilever Technology Ventures Advisory Company LLC, an investment fund, in its formation and related investment advisory arrangement, and subsequent investments in technology-based start-up entities and venture capital funds. This fund is affiliated with Unilever NV.