Structuring Terms & Due Diligence for Capital Providers and Independent Sponsors in a COVID-19 World

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ABOUT THE VIRTUAL EVENT

iGlobal Forum is pleased to present the  Interactive Live Discussion: Structuring Terms & Due Diligence for Capital Providers and Independent Sponsors in a COVID-19 World, available to watch on-demand. 

This virtual panel discussion between independent sponsors and capital providers will address what deal terms and due diligence processes look like now and what they expect in a post-pandemic world. 

  • What are some common issues and solutions that arise with structuring deal terms doing due diligence?
  • How has COIVD-19 impacted your processes?
  • What types of vetting do you typically see pre/post letter of intent?
  • What types of outsourced service providers do you typically bring into the due diligence process?
  • What terms have you seen in place that address broken deals?
  •  How do you typically address broken deals? 

 

 

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Moderator

David Acharya is a Partner at AGI Partners LLC, an alternative investment management firm that deploys capital in private equity investments and special situation opportunities from our funds.

DAVID ACHARYA

David Acharya

Partner

AGI Partners LLC 

 

Mr. Acharya is a Board Member of Impact XM, a leading provider of experiential marketing solutions for global clients and a portfolio company of AGI Partners LLC.

Previously, Mr. Acharya was a Director of a NYC based private equity firm. Mr. Acharya was responsible for investment sourcing and execution. Among other accomplishments, he sourced and executed Revolution Dancewear for this NYC based private equity firm (co-sponsored with Incline Equity Partners), an investment that won the Consumer Products Deal of the Year from the Global M&A Network.

Before joining this NYC based private equity firm in 2009, Mr. Acharya was a Vice President with Apprise Media, a private equity firm focused on niche media investments, where he worked with the founders of PRIMEDIA, a former KKR founded portfolio company. Mr. Acharya invested over $200 million in niche media companies across digital, events and print products in North America, Europe and Asia. He has made significant contributions to Apprise Media’s largest portfolio company: Canon Communications, the leading B2B media company focused on the $3 trillion advanced, technology-based manufacturing industries. Canon was successfully sold to United Business Media in 2010.

Prior to his time at Apprise Media, he spent 10 years as an investment banker in the highly ranked leveraged finance groups of JP Morgan Chase and Toronto Dominion Securities where he advised, structured and raised over $18 billion of capital for leading financial sponsors, media, telecom, consumer product and other various companies across the globe. He also advised clients on debt tender/consent transactions that affected over $4 billion in debt. In addition, he was involved in numerous private equity investments including Rural Cellular Corporation (sold to Verizon), Voicestream (aka T-Mobile), Completel, Bresnan Communications, Intermedia Communications (Leo Hindery’s Cable Venture), as part of Toronto Dominion’s merchant banking investments.

Mr. Acharya was elected President of the Board for the ACG New York Chapter, the largest and premier association for middle market deal making professionals. Also, he is a member of the Advisory Board of The Sport Source, the leading educational technology company in providing students with access to scholarship information for collegiate athletic programs across 23 sports.

Mr. Acharya holds B.S. and M.B.A. degrees, both conferred with honors, from St. John’s University. He was also selected for the Executives-In-Residence program where he worked with leading executives from financial service firms. In addition, he was inducted into Omicron Delta Epsilon, the economics and finance honor society.

Panelist

Heather is responsible for business development and investment sourcing activities, including outreach to deal professionals such as business brokers, investment banks, attorneys, accountants and consultants.

 

HEATHER

Heather Madland

Principal, Business Development

Huron Capital

Heather has over 20 years originating, structuring, and executing debt and equity transactions in the middle market.  Prior to joining Huron Capital, Heather was responsible for all West Coast new business development for SPP Capital Partners, a NY-based investment bank. Heather also served as Vice President and Team Leader of Middle Market Banking at Comerica Bank in San Francisco and has also held roles at CIT Sponsor Finance and Madison Capital Funding LLC where she focused on originating and structuring leverage finance products for private equity clients.

Panelist

Prior to joining Tuckerman, Nick was a principal at North Star Advisors, an investment and advisory firm where he advised private equity and debt investors, worked with portfolio company boards and senior management teams to build and implement value creation initiatives, and originated and analyzed investment opportunities in lower and middle-market companies across several sectors.  

Nick-Russell

Nick Russell

Partner

Tuckerman Capital

Previously, Nick worked in the private equity and strategy practices at Oliver Wyman Group (previously known as Mercer Management Consulting) advising private investors and corporations on matters of growth, turnaround, and investment.  Nick is a Trustee of the Upper Valley Land Trust and an active member of the Dartmouth and Tuck alumni communities. Nick graduated from Dartmouth College and received an MBA from the Tuck School of Business at Dartmouth College.  

Panelist

Michael is a member of Fox’s Corporate practice. For more than 35 years, he has represented clients ranging from sole proprietorships to publicly held corporations in a wide variety of industries pursuing transactions including mergers, acquisitions, divestitures, joint ventures and commercial arrangements. 

Michael Weiner-1

Michael Weiner

Partner

Fox Rothschild

With a particular focus on mergers and acquisitions, Michael has represented both buyers and sellers (strategic and financial) in many platform and add-on transactions. A former co-chair of the Firm’s Emerging Companies Practice Group, Michael also has advised a variety of early stage technology-oriented businesses on capital formation, where he has an extensive background handling private placements, venture capital transactions and public offerings. He has acted as securities counsel for companies subject to the Securities Act of 1933 and the Securities Exchange Act of 1934. Michael often fills the role of an “outside general counsel” for early stage and middle market companies, providing advice on business formation, shareholders, partnership and operating agreements, as well as employment agreements and a wide range of commercial agreements, including licensing, supply and distribution agreements.

Among the transactions in which Michael has participated:

  • Multiple strategic acquisitions by a publicly held human resources service provider of complementary businesses
  • Multiple strategic acquisitions of brokerage firms and investment advisors by publicly owned insurance industry conglomerate
  • Multiple strategic acquisitions by a privately owned highly regulated provider of certification services to the gaming industry as well as outside counsel regarding possible private equity based investment in the company
  • Multiple strategic acquisitions by a private equity backed provider of court-reporting and other litigation support services
  • Multiple transactions by an international private equity fund, including divestitures and recapitalizations
  • Multiple rounds of venture capital financings (both equity and debt), recapitalizations and multiple strategic acquisitions by a developer of network performance monitoring software
  • Multiple rounds of venture capital financings (both equity and debt) and multiple strategic acquisitions by, and sale through an auction process to a strategic acquirer of, a provider of recordkeeping and administrative services for retirement plans
  • Outside general counsel to a privately owned consumer products company following its emergence from bankruptcy and representation of the company in its sale to a private equity fund through an auction process
  • M&A transaction counsel to an animal health clinical research organization in its sale to an international strategic buyer seeking an entrance point to the United States markets
  • M&A transaction counsel to a specialty steel products manufacturer in its sale to a strategic buyer through an auction process
  • M&A transaction counsel to a specialty chemical manufacturer to a private equity backed strategic buyer
  • Counsel to a private equity fund in multiple control investment transactions
  • M&A counsel to a private equity fund in a platform acquisition of a commercial door manufacturer
  • Counsel to an independent sponsor in its initial investment transaction
  • Organization of a commercial real estate joint venture and related refinancing
  • M&A transaction counsel to a multinational owner and operator of electrical supply houses in its purchase of a regional chain of electrical supply houses
  • M&A transaction counsel to a privately owned Internet-based pharmaceutical market research company in its sale to a publicly held multinational media, advertising and marketing conglomerate
  • Formation of a strategic alliance between a multinational pharmaceutical company and a privately owned developer of proprietary drug delivery systems and related licensing and equity investment transactions
  • Formation of a joint venture between a regional hospital system and a publicly owned owner and operator of health care facilities for the development of multiple ambulatory surgery facilities and related private placement

Panelist

Ben is a Founding & Managing Partner at Timoneer Strategic Partners and is a member of the Timoneer Investment Committee.

BEN FRAZIER

Ben Frazier

Managing Partner

Timoneer Strategic Partners 

Ben is primarily responsible for deal sourcing and qualification, conducting due diligence, valuation, transaction execution, operational improvements and portfolio monitoring.

Prior to Co-Founding TSP, he was an investment professional at Marlin Equity Partners and LCatterton, where he focused on identifying and executing investments across the enterprise software and consumer spaces, respectively, and supporting existing portfolio investments. Previously, Ben was an investment banker in the Consumer and Retail Group at Bank of America Merrill Lynch in New York, where he focused on leveraged buyouts, mergers and acquisitions, equity and debt financing activities, and other strategic advisory initiatives.

Ben graduated magna cum laude from the University of Southern California's Marshall School of Business, where he earned a B.S. in Business Administration with a concentration in Finance.

Panelist

ROB

Rob Bauer

Managing Member

Bassett Creek Capital  

Panelist

Mike is a Vice President at Greyrock Capital Group responsible for sourcing, underwriting, and portfolio company management.

Mike Headshot (2)

Mike Dickman

Vice President

Greyrock Capital Group

 

Mike is a Vice President at Greyrock Capital Group responsible for sourcing, underwriting, and portfolio company management.  Prior to joining Greyrock, Mike was a Senior Associate at Medley Capital responsible for underwriting and portfolio company management within the firm’s special situation and direct lending verticals. Before Medley, Mike worked as a senior associate at Ernst & Young within the firms audit practice.  Mike currently serves as a board member of Bentec Medical, a manufacturer of silicone-based medical devices and components, Blast Deflectors, Inc., a designer of blast deflection fences for airport infrastructure applications, Helm, Inc., a provider of brand merchandising and field sales services to auto industry OEMs and franchisors, Paleteria La Michoacana, the leading manufacturer of Hispanic-influenced ice cream bars called “paletas”, Solair Group, a leading fabricator of maintenance tooling and ground support equipment for commercial aircraft, Triple Shift Entertainment, the largest operator of bowling centers in the Minneapolis-Saint Paul region, and Westside Equipment, the leading provider of processed tomato harvesting equipment and services.

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