We regularly assist our clients in raising or deploying capital. The number of financing tools available to companies has increased exponentially during the last decade. Determining which alternative is optimum for a particular situation requires special knowledge of the sources of capital and expertise in determining the most appropriate structure from both a legal and a business perspective. We have a thorough understanding of venture capital investing from both the investor and the company perspective. This knowledge and experience enables us to advise our clients in alternative structures to accommodate unique or individual concerns and requirements.
Our clients include companies seeking financing as well as sources of capital, such as venture capital funds, merchant banks, and private investors. As a result of our more than ten years experience in numerous venture capital transactions and our active involvement in the Atlanta Venture Forum, we maintain relationships with a number of national, regional, and local venture capital funds, incubators, merchant banks, and private investors. These relationships can be made available to clients who desire assistance in locating equity and debt funding.
As fund counsel, we have organized venture capital funds and other private investment funds, and have significant experience dealing with issues arising under the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, ERISA, and the Internal Revenue Code as they relate to private venture funds.
We have advised clients concerning the structure and documentation of investment securities, including preferred stock, common stock, convertible debt, and debt with warrants, as well as an array of “Investor Rights” provisions, such as performance re-pricing, anti-dilution and “pay to play” terms, registration rights, preferential rights with respect to dividends and liquidation, mandatory “put” and “call” provisions, founder and management stock control, corporate governance and voting control, and control of so-called major decisions. The Firm has been counsel to both companies and investors in capital reorganizations or “cram-down” rounds.
We have advised clients obtaining senior and subordinated debt from banks and other financial institutions, and “off balance sheet” financing vehicles such as third party equipment leasing.