Private equity funding is one of the ways businesses can get started or grow to the next level. Minor & Brown private equity attorneys handle all aspects of the establishment and operation of funds, ensuring that clients understand the complex capital structuring decisions involved in the use of private financing, whether as debt or equity, and helping them with the complex federal and state securities laws they face.
For businesses considering the infusion of outside capital through private equity or debt financing, our lawyers begin by guiding company owners to look candidly at their options – and the impact of various forms of private financing on their personal and business lives. We respectfully challenge them and pinpoint what they hope to accomplish. From there, we design a strategic roadmap that best aligns with the client's needs, and realizes achievable and sustainable results.
For example, we:
- Help to negotiate “angel” financing, including the preparation of the entity documents with multiple classes of equity and reporting of exempt Regulation D private placements.
- Counsel clients on capitalization needs and options, drawing on our extensive finance, tax, and transactional experience.
Our attorneys assist with negotiating the terms of the outside investment, whether as debt or equity and planning the structure and ultimate exit scenarios of such investment.
We also represent our business clients seeking financing from institutional lenders, through conventional loan arrangements or with SBA financing. Our attorneys have extensive experience in working with banks on various arrangements for their ongoing business operation or in connection with acquisitions.
We also represent regional banks in their customized loan arrangements with their customers. Our unique transactional business background provides our bank clients with a customer-centric approach to traditional banking.
Practice Strengths
We represent private funds in all aspects of fund formation and exit planning, operations, regulatory compliance, and mergers and acquisitions:
- Fund formation and exit. Structuring equity classes and rights, including carried interests and the buy-out.
- Mergers and acquisitions. Minor & Brown has participated in a total of nearly $4 billion in business transactions, including acquisitions and dispositions of portfolio companies.
- Portfolio company operations. We have handled day-to-day legal issues that impact management and the operations of portfolio companies.