Q1 Transactions - 2023 is off to a Great Start for FMJ!

FMJ is off to a great start in 2023! Our Mergers & Acquisitions, Real Estate, Banking & Financial Institutions, and General Corporate & Business practice groups have handled transactions involving a variety of industries and fields, including real estate, manufacturing, auction services, renewable energy, medical equipment, food and beverage production, professional education, corporate and asset financing, and banking. The following are a sample of the transactions we worked on in the first quarter of 2023:

Represented an equipment/investment company and helped it navigate the funding and purchase of four medical/protective equipment manufacturing lines. The transaction involved the arrangement and oversight of six investor banks. As each manufacturing line changed possession, it was immediately leased back to an operator with initial variable rent rate periods and then a fixed rent period. The manufacturing lines were also built with the help of government grants and funding. The deal was further complicated by issues with interest charges and amounts, questions about building ownership, security matters, and the involvement of an independent landlord with more than $10 billion in its real estate portfolio. Ultimately, this transaction was valued at more than $27 million.

Represented a client that purchased property, through its wholly-owned subsidiaries, in multiple states for a combined price of nearly $6 million. This complex transaction involved lender requirements, a swap transaction, multiple corporate guarantors, and survey and title issues that included the need to establish a reciprocal easement, new leases, assignments, and new operating companies. FMJ drafted a variety of documents and agreements, along with corporate documentation, all of which were utilized by the buyer and seller parties.

Represented the seller in the sale of membership interests in a renewable energy special purpose entity involving a 500 MWac project in Colorado. FMJ advised on structuring the transaction, drafting and negotiating transaction documentation, advising on SBA and corporate governance issues, and coordinating closing. This transaction was valued at more than $13 million.

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 an education company in a sale valued at approximately $28 million. The company was engaged in the business of developing, marketing, and providing hands-on interactive training for educators and learners, as well as faculty and curricular development services for programs at universities, colleges, organizations, and education departments across the United States. FMJ advised on drafting and negotiating the transaction documentation, completion of due diligence, and coordinating closing.

Represented a client in the acquisition of intangible assets, namely a historical database of prices for equipment sold at auction. The matter was complicated by a short timeline from offer to close (approximately two weeks) and uncertain title to the database. This was also a multi-jurisdictional deal involving three different states.

Represented the buyer in the purchase of a multi-million dollar investment property. The property could be set up for short-term rental usage. The firm reviewed purchase agreements and helped address title and survey issues that arose.

Represented the seller in a deal involving the sale of membership interests in a renewable energy special purpose entity involving 100 MWac solar and BESS projects in Kentucky. FMJ advised on structuring the transaction, drafting and negotiating transaction documentation, advising on SBA and corporate governance issues, and coordinating closing.

Q2 has already been very busy, and we are moving some large-scale transactions across the finish line. We are grateful to work with our wide range of amazing clients, from individuals to large corporations and anything in between, and we are always happy to speak with potential new clients.

Thank you for your continued support!