Plainfield Asset Management – Westside Transload / Transload America
Represented Plainfield Asset Management in its investment in operators of solid waste transfer stations on federally regulated railroad property. We protected our client’s minority equity position in these operators by implementing stockholders’ agreements with broad super-majority approval provisions, and helped navigate federal and state environmental regulations and federal pre-emption issues.
Private Investment Firm – Investment Restructuring
Represented a private investment firm with more than $325 million of capital under management, in restructuring its investment in a major producer of labels for companies throughout the world.
Private Equity Fund – Manufacturer Restructuring
Represented a global private equity fund in the restructuring of, and additional investment in, a leading US manufacturer of automotive and truck axles.
Private Equity Fund – Investments
Represented Plainfield Asset Management in Series B Round investment and Series C Round investments in a well-known payments system startup company.
Hollinger International – Investment Monetization
Represented Hollinger International in its efforts to monetize certain of its venture capital and private equity investments.
Real Estate Company – Private Equity Fund Formation
Represented a major real estate company in forming a $300 million equity fund to acquire controlling interests in real estate operating companies.
Foreign Lender – Loan Restructuring
Represented a foreign lender in the restructuring of a $150 million mezzanine loan to an investment fund, including the re-capitalization of certain fund platforms and the sale of certain fund assets.
VG Growth Partners – Crunchsters
Represented VG Growth Partners in its investment in Crunchsters, an innovative food manufacturer that produces nutritious and organic plant-based snack products.
Legends – Majority Investment Transaction
Represented Legends Hospitality Holding Company, LLC (“Legends Hospitality”) in majority investment by private equity firm Sixth Street in the global premium experiences company, co-founded by the New York Yankees and the Dallas Cowboys. As reported by Legends, “[t]he new investment from Sixth Street will support the long-term growth of the Company’s global client relationships and further enhancements to its innovative 360-degree platform of premium experience offerings for the most iconic global brands in sports, entertainment, and attractions.”
Herrick has represented Legends since its inception in 2008, when our Sports Law Group worked with the Cowboys and the Yankees, along with two private equity firms, to form this ground-breaking joint venture. Initially, Legends focused on delivering enhanced concessions and premium experiences. Since its formation, Legends’ range of services has grown to include six worldwide divisions and it has partnered with many iconic international sports, entertainment and attractions brands.
Sports Ventures – Ownership Transfer
Represented client in connection with a minority ownership transfer of an NBA franchise.
Merchant Bank – Private Equity Investment
Represented a well-known merchant bank in a private equity investment.
Consumer Products Manufacturer – Sale to Private Equity Fund
Represented a New Jersey-based supplier of specialty ingredients and products for the cosmetics industry in its sale to a private equity fund.
VG Growth Partners – free2B Foods
Represented VG Growth Partners in its investment in free2B Foods, a producer of premium, healthy snack foods.
Legends Hospitality – Investment by New Mountain Capital
Represented Legends Hospitality, the sports and entertainment joint venture controlled by the New York Yankees and Dallas Cowboys, in a strategic partnership and investment in the company by New Mountain Capital.
Capital Raise in Bluegrass Dairy & Food Acquisition
Represented 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.
Private Equity Investment in Pharma Technology
Represented client in two rounds of equity investments in and a loan transaction with a company engaged in the business of developing abuse deterrent drug delivery technology.
Silas Capital – Investment in Food Brand
Represented Silas Capital, a venture capital and private equity firm, in its minority investment in Vintage Italia LLC, owner of the Pasta Chips brand and a developing company engaged in premium snack foods.
Social Media Company – Sale and Rollover
Represented Fizziology, a social media research and analytics company, in its sale and in a rollover transaction with a private equity sponsored buyer.
VG Growth Partners – Hilary’s Eat Well
Represented VG Growth Partners in a preferred equity investment in a culinary specialty food business focused on healthful, allergen-free products.
$50 Million New Jersey Joint Venture
Represented a major private equity fund in a $50 million joint venture with respect to the development and financing of real estate projects primarily in New Jersey.
Reckson Strategic Venture Partners – Student Housing
Represented Reckson Strategic Venture Partners, LLC in connection with the spin-off of its student housing business and $220 million initial public offering by, American Campus Communities, Inc. We also represented RSVP in connection with its acquisition of 100% of the equity interests in a preeminent real estate development company that develops food, fuel and rest facilities along major highways.
Private Equity Firm – Real Estate Portfolio Acquisition
Represented a private equity real estate investment firm in the acquisition of a substantial portfolio of mixed-use, multi-tenanted assets located in the Seattle metropolitan area.
National Bank – Sale
Represented a national bank in its sale to a private equity investment group.
Global Hedge Company – Exchange
Represented a global hedge fund in the exchange of certain of its private equity holdings to a Greek public company.
Private Equity Client – Executive Retention Program
Represented a private equity client in developing an executive retention program for one of its portfolio companies that was designed to create incentives for executives to remain with the portfolio company while the company was pursuing options for reorganizing the company, including a possible sale of the company.
Plainfield Asset Management – Intellectual Property Investments Sale
Represented Plainfield Asset Management in the sale of a package of investments made in and alongside a private equity firm focusing on intellectual property. The sale included membership interests in the private equity fund as well as underlying investments in vehicles that acquired intellectual property assets.
PCCP Capital – $65 Million Mortgage Financing for Luxury Hotel
Represented PCCP Capital, a real estate private equity firm in the origination of a $65 million loan used for the acquisition and repositioning of Cassa Hotel, a 165-room luxury hotel property in New York City.
Emmes Asset Management – California Office Properties Acquisition
Represented Emmes Asset Management Company in the acquisition of a number of multi-million dollar class A office properties in San Diego, California, in a joint venture with the investment arm of a major university system.
Real Estate Investment Manager – Private Equity Joint Venture
Represented an affiliate of a real estate investment manager in a joint venture transaction with a private equity fund. The joint venture was formed to identify, acquire, hold, and dispose of first loss position unguaranteed bonds issued in connection with multi-family bonds issued by Freddie Mac under its capital execution program.
Private Equity Firm – Fiber Optic Network Development
Represented private equity investment firm in the arrangement of a joint venture with the objective of expanding fiber optic cable networks in a major municipality.
InterMedia Partners – Formula One Proposal
Represented InterMedia Partners in a proposal to create the Grand Prix of America Formula One race in Weehawken New Jersey.
Private Equity Firm – Settlement with SEC – Alleged Violations of Broker-Dealer Registration Requirements
Herrick represented a prominent real estate private equity firm in a precedent-setting and favorable settlement with the Securities and Exchange Commission related to the use of a finder in raising capital and the application of broker-dealer registration requirements.
Palcap Advisors – Inergex Acquisition
Represented Palcap Advisors in its acquisition of Inergex, LLC, an IT services company, through a stock purchase and subsequent merger.
Balfour Investors Inc. – Cleancor Joint Venture
Represented domestic and foreign private equity investors affiliated with Balfour Investors Inc. (“Balfour”) in the formation of Cleancor Energy Solutions LLC (“Cleancor”) joint venture. Cleancor is an energy merchant bank focusing on financing for and investment in clean-fuel start-up or early stage enterprises, technologies, infrastructure, logistics services and projects. Balfour is a merchant bank whose principals have acquired assets across a multitude of industries for more than 35 years.
Private Investment Firm – Innovative Building Systems LLC
Represented a private investment firm in the acquisition by Innovative Building Systems LLC, the leading custom modular home producer in the U.S., of HandCrafted Homes. The acquisition allowed our client to convert its investment in HandCrafted Homes to a minority ownership interest in IBS.
Private Investment Fund – Senior Living Investments
Counsel to a large private investment fund which specializes in making investments in senior living communities throughout the United States.
Seegene, Inc. – International Counsel
Represent Seegene, Inc., a Seoul-based molecular diagnostics company, as its designated outside counsel in its international product distribution and technology licensing, M&A, corporate and capital markets matters. Seegene has developed innovative technologies for the detection of multiple pathogens (ACP (Annealing Control Primer)TM and DPO (Dual Specific Oligonucleotide)TM).
Private Equity Fund – $10 Million Pharmaceutical Revenue Acquisition
Representation of one of the leading purchasers of private equity in the secondary market in connection with a $10 million acquisition of interests in revenues generated by pharmaceutical products. (Prior firm experience)
Private Equity Fund – $25 Million Pharmaceutical Revenue Acquisition
Representation of one of the leading purchasers of private equity in the secondary market in connection with the $25 million acquisition of interests in the revenues generated by pharmaceutical products owned by a university-affiliated research and education institute. (Prior firm experience)
American Marine Holdings – Sale of Minority Interest
Represented American Marine Holdings in connection with the sale of a minority interest to a private equity investor. (Prior firm experience)
Private Equity Fund – Music Industry Deal Restructuring
Represented a private equity fund in the comprehensive restructuring of the acquisition financing for a music catalog. The restructuring involves the purchase of a music catalog in satisfaction of acquisition financing obligations, and also the funding of a music developer's participation in a new joint venture.
Stelic Institute & Co. – International Counsel
Designated outside counsel to Stelic Institute & Co., a Tokyo-based bio-venture company specializing in regenerative medicine, in its international legal matters. Stelic is a fast-growing bio-ventures company with scientific research laboratories in the United States, Canada and Japan. Herrick advises Stelic on product and technology licensing matters, international licensing relationships, and on corporate structuring, equity issuance, capital markets, M&A and other matters.
Unilever Technology Ventures Advisory Company – Venture Capital
Represented 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.