Thomas Mark

Thomas has advised on significant M&A, investment and offering related matters for the following clients:

MERGERS & ACQUISITIONS

• NanoString Technologies, Inc. in the bankruptcy court-supervised sale of its assets to Bruker Corporation and in the initial stalkinghorse asset purchase agreement with Patient Square Capital
  
• Near Intelligence in its bankruptcy court-supervised sale of its assets to Blue Torch Finance 
• Clovis Oncology, Inc. in the bankruptcy court-supervised asset sale of its cancer drug Rubraca to pharma& Schweiz GmbH
• Antara Capital in its investment and related debt-for-equity exchange transactions with Arrival
• Clovis Oncology, Inc. in the bankruptcy court-supervised asset sale of its targeted radionuclide therapy program to Novartis
• Akorn in the sale of seven branded ophthalmic products to Théa
• PaperSource in connection with the sale of its assets in bankruptcy to Elliott Investment Management, a transaction named “Consumer Staples Deal of the Year” at the 2021 M&A Advisor Awards
• Vela Trading in connection with its sale to Marlin Equity
• Diligent in its acquisition of ESG software leader Accuvio
• Diligent in its acquisition of Galvanize, a SaaS governance, risk, and compliance software provider
• Diligent in its acquisition of Steele Compliance Solutions, Inc., an ethics and compliance SaaS provider
• Curo Group in connection with the merger of Katapult Holding, Inc. with FinServ Acquisition Corp., a SPAC
• CSAT Solutions in its sale to Insight Equity
  
• Kony in connection with its sale to Temenos
  
• Icynene and FFL Partners in connection with Icynene’s acquisition of Lapolla Industries
• Ryerson in connection with its acquisition of Central Steel & Wire
• Vela Trading in connection with its acquisition of OptionsCity Software
• Insight Venture Partners in its acquisition of Diligent, a take-private transaction
• Diligent in connection with numerous add-on acquisitions, including Manzama and Boardroom Resources
• Syncsort in its acquisition by Clearlake Capital Group
• Net Access in its sale to Cologix
• Kony in its acquisition of Pivotus from Umpqua Bank
• Symplr in its recapitalization lead by The CapStreet Group
• Aralez Pharmaceuticals in connection with its acquisition of cardiovascular drug Zontivity from Merck
• Time Warner and Turner Broadcasting, Inc. in Turner Broadcasting’s acquisition of iStreamPlanet
• HealthcareSource in its sale to Francisco Partners
• Colony Financial, Inc. in its acquisition of Cobalt Capital Partners and its highly diversified portfolio of 256 primarily light industrial assets
• Santa Barbara Tax Products Group in its sale to Green Dot Corporation
• iParadigms in its sale to Insight Venture Partners and GIC, Singapore's sovereign wealth fund, from majority owner Warburg Pincus
• JHP Pharmaceuticals and Warburg Pincus in Warburg Pincus’ sale of JHP to Par Pharmaceutical
• OnTargetJobs in its sale to Dice Holdings
• Clovis Oncology in its acquisition of EOS (Ethical Oncology Science) S.p.A.
• Scotsman Industries and Warburg Pincus in the sale of Scotsman to the ALI Group
• ITC Nexus in its acquisition of Accumetrics
• CAI in its acquisition of PCS-CTS
• GHX Industrial in its sale to United Central Industrial Supply
• RG Steel in the sale of substantially all of its assets in bankruptcy
• Turner Broadcasting System in its acquisition of Bleacher Report
• Telcordia Technologies, Providence Equity Partners and Warburg Pincus in the sale of Telcordia to Ericsson
• Level 3 Communications in its acquisitions of TelCove and Telverse Communications
• The joint venture of América Móvil and Teléfonos de Mexico in the venture’s proposed acquisition of Verizon’s interest in CANTV
• 3i in its acquisition of Hilite International
• Teléfonos de Mexico in the sale of its equity interest in MCI to Verizon
• Globe Specialty Metals in its sale of its Brazilian operations to Dow Corning and the establishment of a joint venture with Dow Corning at Globe’s West Virginia silicon metal facility
• Pharmion in its sale to Celgene
• Pharmion in connection with its acquisition of Cabrellis Pharmaceuticals
• Deutsche Bank as financial advisors in the merger of Ticketmaster and Live Nation
• Merrill Lynch as financial advisor to Dubai International Capital in connection with its investment in Och-Zifff Capital Management
• eToys in its acquisition of BabyUniverse
• Brookfield Asset Management in its cornerstone investment in General Growth Properties and its subsequent acquisition of an additional ownership interest in General Growth Properties
• Stiefel Laboratories in connection with its acquisitions of Connetics Corporation and Barrier Therapeutics; and in its sale to GlaxoSmithKline
• Warburg Pincus in connection with its acquisition of Scotsman Industries
• Adelphia Communications in connection with its bankruptcy restructuring
• Hampshire Group in connection with its sale of its Shane Hunter division

SECURITIES OFFERINGS

• Clovis Oncology in connection with its at-the-market equity offering programs in 2021
• Curo Group Holdings in its 144A offering of senior secured notes
• Clovis Oncology in its initial public offering and its subsequent follow-on and secondary offerings of common stock in 2012, 2013, 2015, 2017, 2018, 2020 and 2021
  
• Clovis Oncology in its public offering and 144A offering of convertible senior notes in 2014, 2018, 2019 and 2020
  
• Curo Group Holdings and the selling stockholders in a secondary offering of common stock
• Pharmion Corporation in its initial public offering and subsequent follow-on offerings of common stock
• American Campus Communities in its initial public offering of common stock
• Level 3 Communications in its various public offerings of common stock, senior notes and senior convertible notes
• Teva Pharmaceuticals in various public offerings of senior notes and senior convertible debentures
• Telcordia Technologies in its Rule 144A offering of senior notes
• Martin Marietta Materials in its public offering of senior notes
• The underwriters in Synageva’s public offering of its common stock
• The underwriters in Strategic Hotels’ public offering of its common stock
• The underwriters in Inspire Pharmaceutical’s various public offerings of common stock
• The underwriters in Lennar’s various public and Rule 144A offerings of senior notes
• The initial purchasers in LNR Property’s various Rule 144A offerings of senior convertible notes

PRIVATE EQUITY

• Clovis Oncology in connection with its clinical trial financing facility with TPG Sixth Street Partners
• Kony in connection with Diebold Nixdorf’s investment in Kony
• Time Warner in its equity investments in Central European Media Enterprises (CME) in 2013, 2012, 2011 and 2009, and with CME’s rights offering and related financing transactions in 2014
• Stiefel Laboratories in connection with Blackstone’s equity investment in Stiefel
• Dililgent in connection with its divided recapitalization and investment by Clearlake Capital
• Warburg Pincus in connection with its equity investment in Cortview Capital
• Insight Venture Partners in connection with a number of private equity investments
• Clovis Oncology in connection with multiple rounds of equity and debt financing by venture capital firms and Pfizer
• The management team of Sedgwick Claims Management in connection with its sale to KKR
• Soros Fund Management in connection with its equity investment in Salt Creek Hospitality
• A family office in connection with a number of private equity investments