Capital Strategies 

Capital is the lifeblood of business. Without it, a business cannot first exist, ever grow, or long survive. But capital does not form easily or flow freely. Capital structures and financial products are increasingly complex. Rounds of financing and tiers of capital must be engineered with precision and installed with speed. Too much friction will kill the deal. Too little tensile strength will result in a structure incapable of enduring the storm created from the admixture of securities laws, commercial codes, and bankruptcy acts.

Our Capital Strategies Group (CSG) is composed of able lawyers who have consistently met these challenges with demonstrated depth, range, and versatility. Our public offering work in the last decade alone has accounted for more than $5 billion of funding for businesses. Whether your transaction involves an angel round, a senior secured line, acquisition financing, capital for growth, or a public offering, our CSG lawyers will lead you through with a high degree of professionalism honed from their long experience.



 

Indeed, a composite tombstone of that experience would show participation in deals of various dimensions, at all tiers of the capital structure, whether debt, equity, or a combination thereof, on behalf of clients involved from all angles and a variety of industries.

Securities

Raising capital in a marketplace controlled by complex regulations is a critical problem for many businesses. Bose McKinney & Evans experience with securities can generate innovative solutions.

New ventures, financial institutions, public companies, and private investors all look to our CSG lawyers to help assure that their financial transactions are well-structured, appropriately documented, and timely closed. They know that our CSG lawyers will deliver, as they did:

  • As counsel for an investment firm in acquiring $50,000,000 in convertible preferred stock issued by an emerging telecom provider
  • As counsel for the lead bank in a $100,000,000 multi-lender, multi-borrower, multi-facility, asset-based loan arrangement that remained in place for many years
  • As lead counsel for a communications company in its $50,000,000 initial public offering underwritten by a syndicate of Wall Street underwriters (succeeded by several follow-on offerings by the same client)
  • As counsel for a high-technology company in several rounds of fund raising aggregating to $10,000,000, which commenced with a private offering to accredited investors and culminated with the later-stage investment of professional venture capitalists
  • As counsel for the letter of credit bank in connection with enhancement of $7,500,000 of floating-rate, private-purpose, taxable bonds issued to finance the expansion of a customer's facilities
  • As counsel for a distribution company and its affiliated entities in the simultaneous closing of multiple credit facilities totaling $100,000,000, which included senior-secured, mezzanine, and junior subordinated layers.

 


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