The Employee Retirement Income Security Act (ERISA) team advised on sophisticated 409A issues, which had the potential to derail the transaction. Our patent prosecution team added value to the company by helping the company file five patent applications prior to commencing the auction
The most notable detail about the transactions was that in the days preceding the planned closing, this contained an atypical provision. The private equity buyer realized that one of its portfolio companies owned a right to bid on task orders issued under the Alliant 2 governmentwide acquisition contract.
Because the divestiture involved a U.S. government novation, when it was agreed that Phacil would divest its interest in the GWAC, which was a significant source of revenue and EBITDA for our client, our M&A Team had to devise a clawback mechanism in case the overall, change of control transaction failed to close.