Recent Newsletters

Buy-outs and Transactions

Overview

Our team advises on all types of investment and exit, including start up and early stage investments, development capital, all forms of buy-out (including secondary buy-outs), public to privates, exits by way of sale to trade or financial buyers or by means of an IPO, recapitalisations and debt restructurings.

We advise on, design and manage all aspects of an acquisition, disposal, investment or divestment, including:-

  • advising on the form of the transaction and designing and implementing an efficient transaction structure from both legal and tax perspectives;
  • undertaking legal and tax due diligence;
  • drafting and negotiating consortium agreements among the private equity consortium and the arrangements between shareholders, including shareholder agreements;
  • structuring, drafting and negotiating management arrangements, including ratchet schemes and other incentivisation arrangements;
  • advising on and structuring the Black Economic Empowerment aspects of a transaction;
  • liaising with regulatory bodies and obtaining regulatory approvals, including competition approval and exchange control approval;
  • drafting and negotiating all relevant documentation including sale and purchase, subscription and investment agreements; and
  • drafting and commenting on prospectuses, circulars and other offering memoranda to potential investors and/or shareholders.

We are consistently rated as one of the leading law firms in the private equity market and many of our deals are recognised as such. The Bain Capital/Edcon transaction was voted Private Equity Deal of the Year in 2007 and the Actis/Alstom SA transaction was voted Private Equity Deal of the Year 2008 as well as African Venture Capital Deal of the Year in 2008.