Posts Tagged ‘mergers and acquisitions’

North Carolina Based Two Toasters Acquired by Ticketmaster

Recently, it was announced that Two Toasters, a design and development agency for applications on Google and Apple platforms, was acquired by Ticketmaster, a divisions of Live Nation Entertainment. While Ticketmaster had little to say about the acquisition, it did confirm on the company’s website that the acquisition “further demonstrates Ticketmaster’s commitment to expanding its mobile capacity.”

While the amount Ticketmaster paid to acquire Two Toasters was not disclosed in news reports, the American Tobacco Campus-based company will be known as Ticketmaster Mobile Studio, according to the Herald Sun. On Tuesday, March 31, Ticketmaster issued a statement saying that the acquisition of Two Toasters “further demonstrates Ticketmaster’s commitment to expanding its mobile capacity and creating a truly end-to-end platform unlike any other in the live event and entertainment space.”

According to news sources, Two Toasters has been successful in the launch of more than 50 mobile applications for a wide array of companies, some of which include Regal Entertainment Group, Birchbox, Ebates, and Airbnb, among others. Two Toasters currently employs 32 individuals. The company was founded by Adit and Rachit Shukla, brothers. The deal is an important strategic undertaking for Ticketmaster, according to sources, who say the deal establishes a solid presence for Live Nation in the Triangle.

Two Toasters’ CEO Rachit Shukla said in the statement issued by Ticketmaster that, “We’ve assembled one of the best mobile teams in the region and Two Toasters has become a magnet for new talent.” Shukla went on to say that by Two Toasters joining Ticketmaster, the company’s visions has been expanded, and the talented team given the opportunity to take ownership and build a completely new mobile standard in the industry as Ticketmaster Mobile Studio.

Spotora & Associates is a talented team of Los Angeles business attorneys dedicated to achieving and exceeding your business goals. We specialize in mergers and acquisitions and successfully represent businesses in a wide array of industries; if you are in the process of acquiring a new entity or being acquired, we can help you ensure all bases are covered at every step. We know the complexities involved and will provide the expertise and knowledge essential to helping you make a smart and profitable business decision. Our primary goal is to obtain your objectives in business transactions from the simplest, to the most complex. Contact us to get started right away.

 

 

 

 

Kraft and Heinz to Merge into World’s 5th Largest Food Group

Recently it was announced that two giants in the food industry, Kraft and Heinz, would merge. Once combined into one company, Kraft Heinz will be the 5th largest food and beverage groups in the world, according to an article at the New York Times. In fact, the Kraft Heinz Company is expected to have a market value in excess of $80 billion. As you can imagine, this is the largest merger of 2015 thus far.

While Heinz focused primarily on condiments and canned goods such as ketchup, baby food, Classico spaghetti sauces, and other sauces, meals, and infant/nutrition, 3G Capital will take control of Kraft Foods, famous for Planters nuts, Jell-O, Mac and cheese, Oscar Mayer label meats, and other foods. 3G acquired Berkshire Hathaway, a companied formed by billionaire investor Warren Buffett, in 2013.

What is the intention of the merger? 3G, who took over beer giant Anheuser-Busch in 2008, intends to take ownership of iconic brands in an effort to expand the companies internationally, and drastically cut costs. According to news resources, Warren Buffett and 3G are hoping that combining Heinz and Kraft will result in steady growth of sales for such names as Velveeta, Lunchables, and Kool-Aid, just as the Heinz ketchup brand has risen in sales steadily since its acquisition in 2013.

Currently, the majority of Kraft products are sold in the U.S., while most of Heinz sales are generated abroad. 3G chairman of Kraft Heinz Alex Behring hopes that by merging, Kraft’s sales will expand into the global market. According to Behring, “Combining our two businesses, we’ll create the third-largest food and beverage company in North America, and the fifth-largest food and beverage company in the world.” Behring went on to say that the merger will enjoy a substantially enhanced scale at both the retail and food service channels in North America, its key market.

The merging of Heinz and Kraft has been in the works for years, however it wasn’t until the beginning of 2015, when John T. Cahill took over as CEO at 3G that Mr. Buffett approached Kraft about the two companies merging. In a statement, Buffett said that he was “delighted to play a part in bringing these two winning companies and their iconic brands together.” Buffett went on to reveal his excitement and anticipation of the opportunities possible for the newly combined organization.

At Spotora & Associates, our LA business merger attorneys know the complexities involved when two companies become one, and the potential pitfalls. Whether your company is small and local or known globally, work with a skilled and experienced Los Angeles business attorney to ensure positive, profitable results for your company.

El Segundo’s PCM Acquires En Pointe Technologies Sales Inc.

At Spotora & Associates, our Los Angeles mergers and acquisitions attorneys understand the complexities involved when one company acquires or merges with another.  Purchasing another company must be approached carefully and thoughtfully, with the assistance of a skilled lawyer.  Recently, El Segundo’s PCM Inc. purchased some of the assets of En Pointe Technologies Sales Inc., an IT firm who specializes in Microsoft products according to an article at the Los Angeles Business Journal.

PCM Inc. manufactures MacMall and PC Mall technology product catalogs in addition to information technology solutions designed for both local governments and businesses.  In acquiring specific assets from En Pointe Technologies Sales, PCM agreed to pay $15 million for the IT solutions acquired from En Pointe, a Gardena-based company.  Over the next three years, PCM will also pay 10% of certain agreed upon services revenues and 22 1/2% of the company’s future adjusted gross profit, according to a filing with the SEC (Securities and Exchange Commission.)

En Pointe is expected to retain its inventory and accounts receivable; this includes a $72 million contract over the next five years to provide more than 30 Los Angeles County departments with cloud-based software, a contract that was signed in June of 2014.  At the time the company’s year ended on September 30, 2014, revenue was reported to be $393 million.

The acquisition deal between PCM and En Pointe is scheduled to close on April 1st of this year, with PCM planning the creation of a new division which will assume the En Pointe name.

According to chairman and chief executive of PCM Frank Khulusi, the company feels that acquiring En Pointe will complement PCM’s commercial and public sector segments.  In addition, the 240 employees of En Pointe will be offered equivalent positions at PCM.

Bob Din, Chief Executive at En Pointe, founded the company more than two decades ago in 1993.  When the acquisition of En Pointe by PCM was announced on Monday, shares at PCM closed at $9.11, an increase of one percent.

We understand how difficult it can be in making a decision to acquire a company, and all of the issues involved including often times difficult negotiations, regulatory filings, reaching your objectives and goals, tax implications, and more.  At Spotora & Associates, our LA acquisition lawyers want to help ensure your decisions are solid, smart, and most important of all, that all transactions and strategies are sound, protecting you from potential litigation in the future.

Carve Outs Can Be A Profitable Move

When one successful company merges with or acquires another successful company, the deal attracts a lot of attention, particularly when the players are big names in high-profile industries. The growth potential of each entity can be enormous.

But what can also be profitable are strategic “carve-outs,” which occur when assets are “scooped out” of an ailing company. You may be able to purchase just the piece of the company that you are interested in, or you may be able to buy the entire company and then sell off the assets that you don’t care to keep.

There is more inherent risk with carve-outs because you are dealing with something that is currently troubled financially. The flipside is that these assets often come at a reduced price.

When looking to purchase a carve-out, it is imperative to look at every piece of the company’s financial puzzle and be sure the asset can be turned around successfully. Thorough analysis is paramount.

Some of the questions you want to ask yourself:

-From the ground up, what problems did the asset or company face?

-What does the expense structure look like?

-How long will it take to make the necessary adjustments for the company or asset to become profitable?

-Is the risk worth the potential reward?

Just because an entire company or asset is not performing well doesn’t mean it is worthless. Perhaps the asset simply needs a shift in its business strategy or a minor restructuring of its finances to put it in the black.

When looking for a carve-out, the best bets are within industries that you have experience with or carry the potential for “synergy” with your current business. This can save a lot of money and make the deal more profitable in the end. For example, if you manufacture household goods, you would do best to purchase a product that can be easily integrated into your current operation. Because you are purchasing a troubled asset, it makes little sense to take more risks than necessary.

While companies seeking carve-outs usually look to their local competition, sometimes it makes sense to go beyond your own borders, too, particularly in today’s challenging economic climate. To stay competitive and to diversify in tough times, it may make sense to expand to a global market. Of course, that carries with it a whole host of added legal requirements.

If you are a company looking to “carve-out” a competitor’s assets, it is important to speak with an experienced attorney.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.