Effective Capital Formation and Investment
Moye White’s Private Equity practice integrates various disciplines within the firm to create a pragmatic, cost-effective approach to capital formation and investment. Our experienced team collaborates with private equity funds, general partners, managers, and investors concerning fund formation, regulatory compliance, acquisitions, taxation, financings, and divestitures. Our team represents funds and investors in multiple industries, including club syndications and single-asset investments. Demonstrating our multi-discipline approach, we actively work with funds and investors on distressed acquisitions, including targeted transactions pursuant to Section 363 under the United States Bankruptcy Code.
Our team works with funds regarding capital formation and deployment, commencing with fund constituent documents, offering materials, and securities regulatory compliance, through the implementation of subscription facilities and acquisition leverage. Starting at target identification, we perform comprehensive due diligence with respect to acquisitions, coordinating (as requested) the diligence team to address quality of earnings, employment, real estate, financial, employment, intellectual property, and other acquisition risks. As investments are liquidated, we work to ensure efficient transaction execution and certainty regarding post-sale adjustments and liabilities.
Recognizing the impact of costs on investor returns, we structure our representation to provide certainty and share risk regarding transaction implementation.
Services include:
- Debt financing and restructuring transactions
- Development agreements
- Engineering procurement and construction (EPC) contracts
- Equipment purchase agreements
- Federal and state transmission authorities
- Maintenance contracts
- Partnership structuring
- Power purchase agreements
- SEC reporting and compliance
- Stock offerings (private, public)