The partners of Allen McDonald Swartz LLP have long represented institutions, investors and high net worth individuals with respect to their investments in private companies across a broad variety of industries. This experience gives us a thorough understanding of the potential arrangements that can be entered into among investors, and between investors and the target company, pertaining to corporate governance, fundamental rights, structure and exit strategies. We have expertise structuring transactions, including angel, seed, early and late stage, bridge, convertible debt, follow-on and mezzanine and subordinated debt investments, private investments in public entities and leveraged and management buy-out financings. Our partners have advised clients on all facets of these transactions, from identifying investment opportunities and sources of capital, to implementing exit strategies, including mergers, acquisitions and initial public offerings.
We have experience in fund formation, including developing the appropriate governance structure and negotiating investors' rights and management compensation.
Our partners have experience working with both target companies and management seeking private equity partners. In addition to having the ability to introduce clients to potential private equity investors, our partners are well versed in structuring arrangements with private equity partners, including the negotiation of appropriate compensation and equity participation for management, and in structuring arrangements between members of the management group.
Private equity investors are rightly concerned with their liquidity event or exit strategy. Our partners have experience assisting private equity investors implement liquidity events both publicly, through conventional and income trust initial public offerings, as well as privately, through merger and acquisition transactions.
We have the ability to assist if an investment go sideways or if a dispute arises between an investor and management, through negotiation, the enforcement of contractual remedies or the use of shareholder remedies available under corporate legislation, such as the oppression, appraisal or winding-up remedies.