Mergers & Acquisitions
The perfect opportunity can come at any time, but will you be ready to take it?
Business mergers, sales, or acquisitions are complex processes that require experienced legal representation. Our Mergers & Acquisitions team has handled deals collectively worth billions of dollars. With Fafinski Mark & Johnson, clients can count on aggressive negotiation, creative solutions, compelling value, and responsive service, all leading to positive outcomes.
Clients benefit from FMJ’s vast experience in a variety of financial or strategic-based deals. As trusted advisors, we help guide our clients through all phases of the process, from consultation and initial business considerations to leading a team of investment bankers, accountants, and any other involved parties through the final transaction. FMJ works diligently for our clients to achieve desired results.
The firm has experience representing buyers, sellers, and investors. As such, we have the capacity and depth of knowledge to understand the issues that arise during the course of a transaction. FMJ’s M&A Practice Group provides sophisticated legal service, and our team is the correct size to provide agile, creative, and responsive legal service. We provide the right balance of guidance, advocacy, and value for our clients, and we offer practical solutions to ensure that your deal moves forward and closes.
List of Services
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Representative Transactions
The following transactions are a sample of the work FMJ has done over the last couple of years. These matters show the broad range of industries, services, deals, and parties/organizations we work with on a regular basis.
- Represented a sports entity in a joint venture involving a major technology company and a program that utilizes natural language to create sports stories out of statistics. This was a partnership and licensing agreement involving global rights to this unique technology, including professional and college sports markets. This technology could lead to creating revenue in non-revenue sports through subscriptions.
- Represented an alternative lending institution in connection with a $50 million senior secured financing lease. Funds will be used by borrower to equip a manufacturing facility with new manufacturing lines. Financing arrangements have been complicated by governmental grant funding, other co-lenders, and the borrower’s long term supply agreement with multi-national consumer product company.
- Represented a closely-held European organization in the acquisition of a controlling stake of a worldwide supplier of aviation parts and services. This transaction included complicated structuring considerations related to foreign investment in the U.S. and a variety of other regulations. Further, the transaction required navigating issues related to purchasing a company that has contracts with foreign military, governmental, and civilian aviation entities. FMJ also advised on various financial and capital restructuring matters as a part of the transaction.
- Represented a profitable online/search engine ads agency in a sale to a technology company that provides codeless AI infrastructure. In this cutting-edge deal, FMJ advised on drafting and negotiating transaction documentation, completion of due diligence, and coordinated closing. The firm also assisted the seller in navigating the cultural barriers of this cross-border, multi-jurisdictional transaction.
- Represented the purchaser of a food and beverage line carved out from a public company. The purchaser was the original founder, having previously built and sold the line to the same public company. This transaction involved navigating FDA matters, negotiating co-packing agreements, intellectual property issues, licensing issues, a cold storage agreement due to the nature of the food product, real estate leases, and transition services.
- Represented a privately held truck leasing and sales company in the purchase of trucks and other assets from a competitor. FMJ helped to structure the transaction and drafted documentation for the transaction.
- Represented clients in the sale of their fishing resort. FMJ managed all aspects of the transaction, including due diligence and closing.
- Represented a farmer in a multimillion-dollar exchange of farmland involving three different parties and a 1033 Exchange for condemnation proceeds. FMJ advised on structuring the transaction, drafted transaction documentation, and coordinated closing.
- Represented the private owners of a custom manufacturing business, across three separate entities, in the sale of the business to a financial buyer. FMJ helped the client navigate volatile business conditions, environmental review, and a rollover equity component to the transaction.
- Represented a renewable energy developer in multiple sales of facilities across multiple states. The firm also handled related issues, including solar energy leases, options, and easements with landowners. FMJ advised the client on a variety of issues, including structure of the transaction (asset vs. equity), drafting and negotiating transaction documents, key earnouts, timing, and structure of payments. FMJ also coordinated closing.
- Represented private owners in the sale of their charter aviation business. This transaction was complex, and it required navigation of Federal Aviation Administration and Airport Commission rules and regulations. FMJ also negotiated employment agreements for the sellers, who agreed to continue working in an advisory role with the business. In addition, FMJ worked with financial institutions to secure FAA and IR lien releases as a part of the transaction.
- Represented the sellers of a storm equipment business to an international landscape maintenance company. This complicated transaction also involved the sale and transfer of patents and other intellectual property.
