Davis Graham & Stubbs LLP has extensive experience representing both investors and issuers in private equity and venture capital transactions. We represent private equity investment firms, buyout firms, venture capital firms, asset management funds, and individual investors in transactions with emerging and established businesses. We also represent issuers in private equity and venture capital transactions as well as recapitalizations and management buyouts.
Our services in the private equity and venture capital arena begin with the preparation of letters of intent and analysis of the tax implications to investors and existing shareholders of various investment structures. We then bring a multidisciplinary approach to a business and legal due diligence review of the issuer’s business to spot any potentially troublesome issues that would need to be addressed. We advise our clients on an appropriate capital structure as well as the securities law implications of the transaction. Finally, we assist our clients in negotiating and documenting the investment and in obtaining necessary shareholder and bank approvals to complete the transaction.
We have extensive experience working with the other professionals employed by investors or issuers, including accountants, investment bankers, and compensation consultants. This approach enables our clients to benefit from in-depth professional advice on a cost-efficient basis.
- Alpine Access, a Denver-based provider of customer care solutions using home-based employees, in its $7.5 million private placement. The round was co-led by affiliates of 5280 Partners and Stolberg Equity Partners.
- Apollo Gold Corporation, a gold mining company involved in extraction, processing, and refining, in its $8.58 million private placement.
- Bohemian Investments LLC in its $10 million private placement.
- Caldera Partners Management acting together with a private investor group in a leveraged buyout and related senior loan facility of Affinity VideoNet, Inc., an audio and video conferencing broker.
- Channel Intelligence, Inc., a provider of e-commerce solutions, in a $40 million equity investment by Internet Capital Group.
- Chart Group Advisors along with other private equity groups in their approximately $70 million acquisition of Laney Directional Drilling Co., a provider of horizontal directional drilling services to the pipeline construction market.
- Colorado Catastrophe & Restoration, Inc., a large, regional disaster restoration general contractor, and its shareholders in its partial sale and recapitalization with Progress Equity Partners Ltd.
- Cordillera Energy Partners in the formation of its third private equity-backed company focused on the domestic oil and gas exploration and production business. Cordillera III has $500 million of committed equity, with a consortium of private equity investors led by EnCap Investments.
- Credo Petroleum Corporation, a publicly traded oil and gas company, in its $27 million private placement financing with RCH Energy Opportunity Fund II, L.P.
- Endeavour Capital in its equity investment in Barrett-Jackson Auction Company, one of the world’s most prestigious collector-car auctions.
- Endeavour Capital in its $134 million investment in Series C Preferred Stock of Policy Studies Inc., a public health management company.
- Endeavour Capital and Rockmont Capital in their $51 million investment in Pfingsten Partners LLC.
- Endeavour Capital and Rockmont Capital Partners, in the full lifecycle of their acquisition, growth and sale of a portfolio company, SpeeCo Inc., a supplier of farm and ranch equipment and accessories. In 2004, we assisted Endeavour and Rockmont in the structuring, negotiation and consummation of its leveraged-buyout of SpeeCo. In 2008, we provided counsel to Endeavour and Rockmont in the sale of Speeco to another private equity firm.
- The stockholders of ElectriTeck-ACT Inc., a leading manufacturer of battery packs and chargers, in its partial sale and recapitalization with Inverness Capital Partners LP.
- Invidi Technologies Corporation, a leader in advanced advertising technologies, in its approximately $30 million Series C preferred stock financing led by GroupM Worldwide, Inc., the media buying subsidiary of WPP Group USA Inc., one of the world’s largest media advertising companies, and Motorola, Inc.
- Invidi Technologies Corporation in its approximately $60 million Series A, B, and C preferred stock financings, which included investors Menlo Ventures, EnerTech Capital, and InterWest Partners.
- Kachi Partners in its acquisition of the stock of Instrument Sales & Service Inc., a manufacturer and distributer of turnkey supply chain solutions for the automotive and capital equipment industries.
- Lovell Minnick Partners (LMP), a private equity firm which specializes in the global financial services industry. Transactions include:
- Lovell Minnick Partners (LMP) in the purchase of a majority interest of Mercer Advisors, Inc., a leading provider of financial planning, asset management and practice management consulting services to dental and medical professionals, where the Mercer Advisors’ management team continued to have a substantial ownership position.
- LMP in the purchase of a $35 million minority investment in Leerink Swann, a leading healthcare investment bank. DGS worked with LMP to develop a suitable equity and minority investor rights structure given the current ownership structure of Leerink Swann.
- LMP in the sale of portfolio company Stein Roe Investment Counsel to AMVESCAP.
- MyChelle Dermaceuticals, a leading provider of natural, non-toxic skin care products, in its recapitalization and sale to Encore Consumer Capital.
- NewWest Capital Partners in its leveraged buyout of Petersen Pet Provisions, Inc., a wholesale distributor of natural pet foods.
- Affiliates of Norwest Equity Partners and M2P Capital in their leveraged buyout of Deep Rock Water, a Denver-based artesian water company.
- Optigas, Inc., a midstream natural gas gathering company, in its stock sale to Ceritas Holdings, L.P.
- Wattles Capital Management, LLC in its $3.5 million Series B venture capital investment with registration rights and option to purchase Series C.
- Affiliates of Windpoint Partners, Bain Capital, and Stolberg Equity Partners in a $15 million pre-IPO investment in Eschelon Telecom, facilities-based communications services provider. Representation of the private equity firms in Eschelon’s IPO.