Mergers and Acquisitions In this phase of our transactional practice, we have represented both the target company and the acquiring company. In order to resolve some of the difficult issues that often arise in an acquisition transaction, we frequently call upon the experience and expertise of our shareholders in other areas of practice, including tax, antitrust, employment, bankruptcy, environmental, litigation and intellectual property.
Some recent acquisition transactions include representation of:
- the largest commercial real estate company on the Internet in a strategic merger with a California-based Internet company, including an accommodation in the surviving company of the interests of eight series of outstanding preferred stock in one company and two series of outstanding preferred stock in the other company;
- Colorado bank in the acquisition of another Colorado bank, including satisfying the requirements of federal and state banking laws and regulations and the preparation of a Private Placement Memorandum for our client which issued securities to consummate the acquisition;
- Colorado-based equipment distributor acquired by a Texas-based company, including the negotiation and documentation of security arrangements to secure the deferred balance of the purchase price;
- Colorado-based engineering company in its acquisition by a California-based public company, including arrangements to ensure that the stock received by our client’s shareholders would become marketable within a relatively short time following the consummation of the acquisition;
- Canadian company in connection with its acquisition of a Colorado-based medical services company, including advice and consultation with the client’s Canadian counsel as to U.S. tax, securities and environmental laws;
- credit union in connection with its acquisition of another credit union, including compliance with laws and regulations affecting credit unions;
- the acquisition by a food services company of other food services companies, including the negotiation and documentation of debt financing;
- the formation of an investment partnership of key employees of an investment advisory organization to acquire an interest in a limited liability company which succeeded to the business of the advisory company;
- the acquisition of a computer software company by a nationally recognized public company engaged in the distribution of office supplies;
- the representation of an electrical contractor in connection with its acquisition by a public company, including coordination with counsel for other companies which were acquired in a simultaneous transaction.
The attorneys in the Mergers and Acquisitions Organizations Group include:
Joseph S. Borus
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