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Bankrupt Subsidiaries: the Challenges to the Parent of Legal Separation
ERENSFRIEDMAN&MAYERFELD GALLEYSFINAL 1/27/2009 10:25:46 AM BANKRUPT SUBSIDIARIES: THE CHALLENGES TO THE PARENT OF LEGAL SEPARATION ∗ Brad B. Erens ∗∗ Scott J. Friedman ∗∗∗ Kelly M. Mayerfeld The financial distress of a subsidiary can be a difficult event for its parent company. When the subsidiary faces the prospect of a bankruptcy filing, the parent likely will need to address many more issues than simply its lost investment in the subsidiary. Unpaid creditors of the subsidiary instinctively may look to the parent as a target to recover on their claims under any number of legal theories, including piercing the corporate veil, breach of fiduciary duty, and deepening insolvency. The parent also may find that it has exposure to the subsidiary’s creditors under various state and federal statutes, or under contracts among the parties. In addition, untangling the affairs of the parent and subsidiary, if the latter is going to reorganize under chapter 11 and be owned by its creditors, can be difficult. All of these issues may, in fact, lead to financial challenges for the parent itself. Parent companies thus are well advised to consider their potential exposure to a subsidiary’s creditors not only once the subsidiary actually faces financial distress, but well in advance as a matter of prudent corporate planning. If a subsidiary ultimately is forced to file for chapter 11, however, the bankruptcy laws do provide unique procedures to resolve any existing or potential litigation between the parent and the subsidiary’s creditors and to permit the parent to obtain a clean break from the subsidiary’s financial problems. -
Press Release San Francisco, CA 94104 Tel: 415.358.3500 Fax: 415.358.3555
580 California Street Suite 2000 Press Release San Francisco, CA 94104 Tel: 415.358.3500 Fax: 415.358.3555 Iconix Brand Group Announces Sale of Peanuts and Strawberry Shortcake Brands - Entertainment sale strengthens Iconix’ financial condition - Proceeds plus cash to pay down debt; transactions will be earnings neutral - Focusing resources to drive growth in fashion, active and home NEW YORK, May 10, 2017 /PRNewswire/ -- Iconix Brand Group, Inc. (Nasdaq: ICON) (“Iconix” or the “Company”), today announced that it has entered into a definitive agreement to sell its interest in the Peanuts and Strawberry Shortcake brands to DHX Media Ltd. for $345 million in cash, subject to a customary working capital adjustment. John Haugh, Chief Executive Officer of Iconix, said, “One of our strategic objectives has been to de-lever and strengthen our balance sheet. This sale aligns with this objective. As we monetize the value we have created in our entertainment business, we can reduce our debt and pay down a term loan that is expensive and highly restrictive. We are now focused on a second strategic objective of driving profitable revenue growth by focusing our resources on the businesses where we have a leadership position- fashion, active and home. Peanuts and Strawberry Shortcake are iconic entertainment properties, and we are proud of the contributions Iconix has made to these brands. Specifically with Peanuts, in partnership with the Schulz family, we have produced the first-ever feature film, delivered countless worldwide collaborations and significantly grown the worldwide presence of Peanuts.” The Company intends to use the net proceeds from this transaction plus additional cash on the balance sheet to pay down approximately $362 million of debt. -
Private Equity Holdings Disclosure 06-30-2019
The Regents of the University of California Private Equity Investments as of June 30, 2019 (1) Capital Paid-in Capital Current Market Capital Distributed Total Value Total Value Description Vintage Year (2) Net IRR (3) Committed (A) Value (B) (C) (B+C) Multiple (B+C)/A) Brentwood Associates Private Equity II 1979 3,000,000 3,000,000 - 4,253,768 4,253,768 1.42 5.5% Interwest Partners I 1979 3,000,000 3,000,000 - 6,681,033 6,681,033 2.23 18.6% Alta Co Partners 1980 3,000,000 3,000,000 - 6,655,008 6,655,008 2.22 13.6% Golder, Thoma, Cressey & Rauner Fund 1980 5,000,000 5,000,000 - 59,348,988 59,348,988 11.87 30.5% KPCB Private Equity (Legacy Funds) (4) Multiple 142,535,631 143,035,469 3,955,643 1,138,738,611 1,142,694,253 7.99 39.4% WCAS Capital Partners II 1980 4,000,000 4,000,000 - 8,669,738 8,669,738 2.17 14.0% Brentwood Associates Private Equity III 1981 3,000,000 3,000,000 - 2,943,142 2,943,142 0.98 -0.2% Mayfield IV 1981 5,000,000 5,000,000 - 13,157,658 13,157,658 2.63 26.0% Sequoia Private Equity (Legacy Funds) (4) Multiple 293,200,000 352,355,566 167,545,013 1,031,217,733 1,198,762,746 3.40 30.8% Alta II 1982 3,000,000 3,000,000 - 5,299,578 5,299,578 1.77 7.0% Interwest Partners II 1982 4,008,769 4,008,769 - 6,972,484 6,972,484 1.74 8.4% T V I Fund II 1982 4,000,000 4,000,000 - 6,744,334 6,744,334 1.69 9.3% Brentwood Associates Private Equity IV 1983 5,000,000 5,000,000 - 10,863,119 10,863,119 2.17 10.9% WCAS Capital Partners III 1983 5,000,000 5,000,000 - 9,066,954 9,066,954 1.81 8.5% Golder, Thoma, Cressey & Rauner Fund II 1984 -
The Rise of Latham & Watkins
The M&A journal - Volume 7, Number 5 The Rise of Latham & Watkins In 2006, Latham & Watkins came in fifth in terms of deal value.” the U.S. for deal value in Thompson Financial’s Mr. Nathan sees the U.S. market as crucial. league tables and took second place for the num- “This is a big part of our global position,” he says, ber of deals. “Seven years before that,” says the and it is the Achilles’ heel of some of the firm’s firm’s Charles Nathan, global co-chair of the main competitors. “The magic circle—as they firm’s Mergers and Acquisitions Group, “we dub themselves—Allen & Overy, Freshfields, weren’t even in the top twenty.” Latham also Linklaters, Clifford Chance and Slaughters— came in fourth place for worldwide announced have very high European M&A rankings and deals with $470.103 million worth of transactions, global rankings, but none has a meaningful M&A and sixth place for worldwide completed deals presence in the U.S.,” Mr. Nathan says. Slaughter Charles Nathan worth $364.051 million. & May, he notes, has no offices abroad. What is behind the rise of Latham & Watkins Similarly, in the U.S., Mr. Nathan says that his in the world of M&A? firm has a much larger footprint than its domestic “If you look back to the late nineties,” Mr. rivals. “Unlike all the other major M&A firms,” Nathan says, “Latham was not well-recognized he says, “we have true national representation. as an M&A firm. We had no persona in M&A. -
Expansion Guide North America / Summer 2016
Retail & Restaurant Expansion Guide North America / Summer 2016 interactive menu click to get started INTRODUCTION ICSC PERSPECTIVE APPAREL ENTERTAINMENT ARTS / CRAFTS / HOBBIES FINANCIAL SERVICES AUTOMOTIVE FOOD-RELATED BEER / LIQUOR / WINE GROCERY BOOKS / MEDIA / TOYS HEALTH AND BEAUTY CARDS / GIFTS / NOVELTY HOME-RELATED CHILDCARE / LEARNING CENTERS JEWELRY CONSUMER ELECTRONICS MISCELLANEOUS RETAIL DEPARTMENT STORE PETS / PETCARE DISCOUNTERS / SUPERSTORES RESTAURANTS DRUG STORE / PHARMACY SPORTING GOODS North American Retail & Restaurant Expansion Guide Summer 2016 INTRODUCTION Welcome to the inaugural edition of the Cushman & Wakefield North American Retailer and Restaurant Expansion Guide In this report, we track the growth plans of thousands of major retail and restaurant chains and public statements made by company executives, and reliable “word on the street” throughout the United States and Canada. This is not your typical retail research report gathered from the retail and brokerage communities. Additionally, in cases where we were in that the purpose of the Expansion Guide is not to create hard metrics or to provide either unable to obtain reliable data or where we received questionable information, we numbers-driven statistical analysis. Certainly, our tracking of such data heavily informs provided our own estimates of current unit counts and likely growth in the year ahead. our standard research efforts from our quarterly reports to white papers on special topics. These estimates were based upon a mix of factors, including recent growth history and But the ultimate goal of this publication is to provide a glimpse of likely growth over the sector health. coming year across all of the major retail sectors from a mix of various concepts as we know or understand them. -
Private Equity Newsletter Quarterly Special | Edition 1+2/2021 Dear Friends
PRIVATE EQUITY Newsletter QUARTERLY SPECIAL | EDITION 1+2/2021 SIGNED DEALS for 2020 and Q1/2021 within the German-speaking region EUROPEAN PE MARKET Interview with Senior Partner Christof Huth and Principal Dr Thorsten Groth as well as digital expert Dr Ulrich Kleipaß MOST RECENT STUDIES by Roland Berger Private Equity Newsletter Quarterly Special | Edition 1+2/2021 Dear Friends, Christof Huth dear Clients, What a start to the year! The first quarter of 2021 has broken almost every record so far. This edition of the Newsletter provides an overview of the tremendous deal flow in the first quarter of 2021 in com- parison to last year and examines various developments influencing the PE market. Additionally, it offers an overview of recent Roland Berger studies. Dr Sascha Haghani The 2020 PE year (197 transactions) saw lower deal activity overall than 2019 (253 transactions), driv- en by declines in the first half of 2020 in particular. In the second half of 2020, there was a quick recovery in PE-related deal-making in German-speaking Europe, which continues into 2021 so far. With 90 deals, Q1 of 2021 not only surpassed the already strong Q3 of 2020 but represents the strongest quarter in the long history of the PE Newsletter. Economically, the dominant topic for 2020 was COVID-19 and its impact on deal-making, on portfo- Sven Kleindienst lio companies and on daily life. By now the PE industry has become used to successfully dealing with COVID-19-related restrictions during deal-making and is focused on companies’ development outlook beyond COVID-19. -
2018 Highlights 2018 Year-End Summary the Sun Transformation System
2018 HIGHLIGHTS 2018 YEAR-END SUMMARY THE SUN TRANSFORMATION SYSTEM 2018 came to an end in much the way it began, with a concentrated amount of Sun Capital looks to collaborate with management teams to leverage their deal activity. At the start of 2018, we invested in one new platform investment, experience and uses The Sun Transformation System - a dynamic set of tools – ClearChoice, while successfully exiting Robertshaw, Aclara, and Albéa. These three to help management teams tackle nearly every challenge in a systematic, exits had a combined enterprise value of $3.5 billion and all three were among rigorous, and comprehensive way. our five largest profit dollar exits in our 24+ year history. At the end of 2018, we closed two new platforms: Tier One Relocation and StonePoint Materials, with a DIRECT TOOLS ENABLER TOOLS combined investment of $212.6 million. Our existing portfolio companies also made significant progress last year, and • Superior Product/Service Offerings • Establish Priorities strengthened their business positions through add-on acquisitions and expanding • Pricing Excellence T • Align Team with Priorities R E E E CU A their leadership teams, aligning with their Sun Transformation System objectives • Sales Force Efficiency & Effectiveness H U L M • Culture Building G N T I E U & R H V to facilitate improvement. • Digital Marketing & Selling E E • Project Management Teams R Other highlights for 2018 included: PORTFOLIO COMPANY Completing four platform and ten add-on acquisitions L O C O W T S Realizing ~$1.8 billion of gross proceeds across the portfolio E A S S R E E • Procurement Excellence T R C • Financial Reporting S G O Completing 18 financings for approximately $1.5 billion • Continuous Improvement PR • Value Realization Processes • Facility & Footprint Optimization • Exit Preparation Process Promoting Melissa Klafter and Mark Hajduch to Managing Directors on • Spend Benchmarking & Prioritization • Sun Capital Partners Committees our infrastructure team As we enter 2019, the momentum of our transaction activity continues. -
3Q 2019 Contents Credits & Contact
Global League Tables 3Q 2019 Contents Credits & contact PitchBook Data, Inc. Introduction 2 John Gabbert Founder, CEO Adley Bowden Vice President, PE firms 3-11 Market Development & Analysis Content VC firms 12-19 Garrett James Black Senior Advisors/accountants & investment banks 20-25 Manager, Custom Research & Publishing Law firms: VC & PE 26-35 Van Le Senior Data Analyst Acquirers 36-38 Contact PitchBook Research [email protected] Cover design by Kelilah King Click here for PitchBook’s report methodologies. Introduction Thank you to all who participated in the surveys that firm for each given section), however, spacing and enable these rankings to be possible. Once again, near- aggregate tallies prevented us from adopting that cutoff record submissions led to this edition of the Global consistently on every page. All in all, we are confident League Tables being released somewhat later in the that the current tables will provide a useful, accurate quarter. As always at PitchBook, we prioritize accuracy snapshot of activity throughout 3Q 2019 by our array of above all else. We will continue to elect to provide the typical criteria, from venture transactions by stage to US most precise information over speed until we are sure we region. can accomplish both. Stay tuned for potential changes to these rankings as In this edition, we carried over our style of rankings, we continue to look for the most efficient and accurate which should prove helpful for quick consultation. We way to showcase the most active firms across private endeavored to keep the number of rankings equivalent markets. per page (e.g. -
INTERIM REPORT for the Period from 1 January 2007 to 30 September 2007 INTERIMSTATEMENT REPORT of the INVESTMENT MANAGER
INTERIM REPORT for the period from 1 January 2007 to 30 September 2007 INTERIMSTATEMENT REPORT OF THE INVESTMENT MANAGER INVESTMENT MANAGER’S REPORT PRINCESS’ NET ASSET VALUE UP 11% IN 2007 Princess continued its positive development during the third quarter of 2007. Despite the recent turbulence in the finan- cial markets and the weakness of the US dollar, the net asset value (NAV) increased by another 3.1% during the past three months to stand at EUR 98.64 per share at the end of Sep- Princess Private Equity Holding Limited (“Princess”) is an investment holding company tember 2007. A number of the underlying partnerships in the portfolio – especially buyout funds and partnerships in the domiciled in Guernsey that invests in private equity and private debt investments. North American region – reported write-ups, leading to reval- uations in the Princess private equity portfolio. Adjusted for Investments include primary and secondary fund investments, direct investments and the dividend that was paid out in April, the NAV has gained 11% since the beginning of the year. listed private equity. Princess aims to provide shareholders with long-term capital The recent concerns over the US subprime mortgage market growth and an attractive dividend yield. that spilled over to the wider credit market had no significant impact on the NAV development of the Princess portfolio and are not expected to materially affect the portfolio. Princess has no direct sub-prime exposure and while it has some The shares deliverable in the form of co-ownership interests in a global bearer certifi- exposure to the credit market through mezzanine invest- ments under its special situations allocation, these invest- cate are traded on the Frankfurt Stock Exchange. -
HOW Ceos PARTNER with SUN CAPITAL Conversations with Ceos of Sun Capital Partners’ Portfolio Companies
HOW CEOs PARTNER WITH SUN CAPITAL Conversations with CEOs of Sun Capital Partners’ portfolio companies Not for marketing to prospective investors or other fundraising-related purposes INTRODUCTION WHAT WE LOOK FOR IN A CEO What does it take to be a successful CEO of a Sun Capital Is hands on, accomplished Understands the importance portfolio company? Are there any characteristics and results driven of business strategy and how to build the right Knows the business drivers, that make a CEO more or less suited to working with capabilities to win Sun Capital, and why should they be seen as a partner including the numbers Is a catalyst for change of choice? Is thoughtful and confident but not arrogant Is willing to accept input and coaching but remain We spoke to the CEOs from a selection of our portfolio companies to Bold and focused, tough in control of their business get their insights and perspectives. All were at different stages of their but supportive and its priorities journey, some reflecting on the experiences following a Sun Capital exit, some less than a year in the job. Is intellectually curious and open to new ideas and input While there are a broad variety of sectors and geographies represented, it is possible to detect a number of common themes, which can be found on the following pages, including: WHAT SUN CAPITAL OFFERS First Impressions The Sun Transformation System IN RETURN Passionate culture and clear Applying a proven and expectations from the outset. systematic set of tools to tackle every area of the business, Getting Started A dynamic, fast-paced Access to a proven and measuring results. -
CASE STUDY Lee Cooper Indonesia Lee Cooper Indonesia
OMNI-CHANNEL RETAIL SOLUTIONS CASE STUDY Lee Cooper Indonesia Lee Cooper Indonesia Lee Cooper brand is an English clothing company, Today, the Lee Cooper products and collections are operating worldwide, that licenses the sale of many created with denim at the heart, and fashion at the Lee Cooper-branded items, including denim jeans. The forefront. Lee Cooper’s creativity is driven by its East head office is located in London, England. The company London origins, sanctioning global accessibility into originally produced workwear for export, and began to authentic London style. Much loved and used throughout specialize in denim jackets and trousers in the 1930s. the world, Lee Cooper has a presence across the globe in major economies today. The brand that eventually became Lee Cooper was established in 1908 by Morris Cooper and a friend, Louis Brand Positioning: Maister, after they arrived in London from their hometown in Lithuania, having previously spent some time in South • Men and Women, 18-35 years of age Africa. Morris Cooper created a production company work • The Lee Cooper customer is approachable, relaxed clothes, The Morris Cooper Factory, which later became and has a laid back attitude towards life. They like well- Lee Cooper. Since the beginning of its presence, Lee cut, hardwearing clothing from a reliable brand which Cooper has now become a European brand that is known can transcend seasons. Individuality is integral to their as the first and oldest, authentic denim. It has been a personal style. forerunner in the fashion style of the British and Europe for • 40 licensee partners internationally decades. -
Iconix Brand Group to Present at Multiple Upcoming Investor Conferences
Iconix Brand Group To Present At Multiple Upcoming Investor Conferences March 7, 2017 NEW YORK, March 7, 2017 /PRNewswire/ -- Iconix Brand Group, Inc. (Nasdaq: ICON) ("Iconix" or the "Company"), today announced that John Haugh, President and Chief Executive Officer of Iconix, will present at the following investor conferences. 29th Annual ROTH Conference in Dana Point, CA on Monday, March 13, 2017 at 2:00 p.m. PT (5:00 p.m. ET). Bank of America Merrill Lynch Consumer & Retail Technology Conference in New York, NY on Wednesday, March 15, 2017 at 11:20 a.m. ET. A live webcast of the presentations will be available on the Company's website at www.iconixbrand.com. About Iconix Brand Group, Inc. Iconix Brand Group, Inc. owns, licenses and markets a portfolio of consumer brands including: CANDIE'S (R), BONGO (R), JOE BOXER (R), RAMPAGE (R), MUDD (R), MOSSIMO (R), LONDON FOG (R), OCEAN PACIFIC (R), DANSKIN (R), ROCAWEAR (R), CANNON (R), ROYAL VELVET (R), FIELDCREST (R), CHARISMA (R), STARTER (R), WAVERLY (R), ZOO YORK (R), UMBRO (R), LEE COOPER (R), ECKO UNLTD. (R), MARC ECKO (R), ARTFUL DODGER and STRAWBERRY SHORTCAKE (R). In addition, Iconix owns interests in the MATERIAL GIRL (R), PEANUTS (R), ED HARDY (R), TRUTH OR DARE (R), MODERN AMUSEMENT (R), BUFFALO (R), NICK GRAHAM (R) and PONY (R) brands. The Company licenses its brands to a network of leading retailers and manufacturers that touch every major segment of retail distribution in both the U.S. and worldwide. Through its in-house business development, merchandising, advertising and public relations departments, Iconix manages its brands to drive greater consumer awareness and equity.