Private Equity to us does not solely consist of preparing tailor-made acquisition, financing and exit structures, as well as developing and negotiating, e.g., joint venture, purchase and participation agreements. BEITEN BURKHARDT as a one-stop-shop also stands for competitive assistance in preparing pre-transactional documents such as bid letters and NDAs, performing legal, tax and financial due diligence, implementation of acquisition structures, introduction into, e.g., regulated industries (big picture approach), as well as assistance in responding to valuation issues. Private equity to us does not solely consist of the execution of the purchase or sale of a company for professional investors. The private equity team of BEITEN BURKHARDT also has invaluable experience in developing and implementing solutions for special situation transactions, such as carve out of individual business sectors or asset classes of a target, development of contractual solutions for individual risks (e.g., latently impending antitrust penalty), structural advice in connection with an intended avoidance of, e.g., (i) takeover bids and (ii) options,
structuring of complex MBO and joint venture transactions, corporate transactions in regulated industries and German medium-sized companies (Deutscher Mittelstand), acquisition of insolvent companies an area in which our diverse contacts to insolvency administrators have often proven to be of value during the preparatory phase, transaction consultancy in connection with targets at risk of insolvency (distressed acquisition/ ringfencing), financing (e.g., by means of mezzanine capital) of further growth, or successive acquisition by means of tax-optimized alternative purchase structures. However, our capacity as a one-stop-shop for private equity goes beyond the acquisition of a target. Upon request, the private equity team of BEITEN BURKHARDT also provides you with further development of investments by means of corporate, tax and financial restructuring, integration of the target company into other existing investments of the fund, and preparation of a resale. If required, experts of other practice groups, such as real estate law, capital markets law, IP/IT and renewable energy, can be involved into the process.
Track Record (Selection) Consultancy to a group of financial sponsors regarding the sale of a global automotive supplier being close to insolvency to management, carve out and acquisition of an aircraft series of a German aircraft manufacturer out of insolvency proceedings, acquisition and subsequent restructuring of a global automotive supplier, legal advice regarding the proposed acquisition of a global business unit of a US chemical company, legal advice regarding the proposed acquisition of various global business units of a German energy group, consultancy of sponsors regarding the acquisition of primarily German banks or bank participations, simultaneous resale of several soft drink business units to different strategic investors (USA and Germany) for a fund shortly after the acquisition of the company (flip deal), legal advice regarding the sale of a listed company in the media sector following financial and corporate restructuring, of a Germany-based real estate portfolio from an international bank, acquisition of secured loans (PL and NPL) for various international investors,
of a German foil manufacturer, of a German group in the field of safety technology, of a mechanical engineering company, structuring and legal advice regarding various management investment programs, of various portfolios of commercial and nursing care properties for several international financial investors. Relevant transaction experience is not the only requirement when conducting multinational transactions und cross-border mergers. It also involves a basic understanding for the way business is done (differently) in other cultures. Personal international experience is therefore considered essential and many of our private equity team members have studied or gained practical experience abroad. BEITEN BURKHARDT has dedicated advisory teams in the fields of private equity and venture capital. These teams assist their clients in all legal and tax-related aspects of buy-out transactions: Acquisitions, financings, exit strategies, high yield offerings, venture capital and fund structuring. For several years now, they have provided many of the relevant private equity funds with legal advice with regard to investments in Germany and Europe.
Furthermore, BEITEN BURKHARDT also supports investors regarding the acquisition of insolvent companies and assists in insolvency proceedings as well as the sale and purchase of (non-performing) loans and out-of-court restructurings. BEITEN BURKHARDT with its around 260 lawyers, tax consultants and auditors is represented with own offices in five German cities as well as in countries with strong economic development such as China and Russia. Moreover, we maintain privileged relationships with leading independent law firms in Europe, the US and all other major jurisdictions world-wide. Apart from Great Britain, we work in close cooperation with our partner firms in Finland, France, Italy, Luxembourg, the Netherlands, Norway, Austria, Sweden and Switzerland. Our experience from many joint trans actions in combination with a continuous exchange of knowledge in all relevant legal fields and industries provide the sound basis for our global approach as a one-stop-shop. You will find further interesting topics and infor mation about Private Equity on our website. BEIJING BERLIN BRUSSELS DUSSELDORF FRANKFURT AM MAIN MOSCOW MUNICH NUREMBERG SHANGHAI ST. PETERSBURG WWW.BEITENBURKHARDT.COM 08/2014