ALTERNATIVE FINANCING FORMS
FOR ENTREPRENEURS AND INVESTORS
News

Wall­dorf / Munich — GSK Stock­mann has provi­ded legal advice to MP Musik­han­del GmbH & Co KG, a Wall­dorf-based company of the Session Group, on the acqui­si­tion of the opera­tio­nal busi­ness of Musik Produk­tiv GmbH & Co KG in Ibben­bü­ren. The seller is the private equity company Part­ner­Fonds AG from Munich.

For over 45 years and with over 70 employees, Musik Produk­tiv has been a leading trading company in the specia­list music trade, opera­ting nati­on­wide in both the statio­nary and the growing online and mail order business.

With its brick-and-mortar stores as well as its constantly growing online store, the Session Group is one of the largest compa­nies in the music retail sector in Germany.

GSK Stock­mann advi­sed the buyer with a team led by Dr. Markus Söhn­chen on all M&A rele­vant legal issues. GSK Stockmann’s M&A team has regu­larly acted on various retail and online tran­sac­tions in the past and ther­e­fore has exten­sive retail expertise.

Advi­sors to MP Musik­han­del GmbH & Co KG: GSK Stockmann
Dr. Markus Söhn­chen, Photo (Lead, Corporate/M&A), Dr. Phil­ipp Kuhn (Labor Law), Sascha Zentis (Real Estate), Dr. Raoul Kreide (Corporate/M&A), Domi­nik Berka (Tax); Asso­cia­tes: Inga Henrich, Lieor Koblenz (both Corporate/M&A), Dr. Martin Hossen­fel­der (IP/IT).

News

Munich — Munich-based early-stage inves­tor yabeo Impact has made an invest­ment in Wega­tech. yabeo is expan­ding its impact inves­t­ing busi­ness with its latest invest­ment in Wega­tech. The new invest­ment plat­form yabeo Impact focu­ses exclu­si­vely on compa­nies with a soci­ally or envi­ron­men­tally rele­vant focus and is aiming for an invest­ment volume of around 50 million euros for the Alter­na­tive Invest­ment Fund. P+P Pöllath + Part­ners advi­sed yabeoImpact on the transaction.

yabeo Impact’s invest­ment stra­tegy is aligned with the UN’s 17 Sustainable Deve­lo­p­ment Goals (SDGs). The focus here is on Clean­Tech, Agri­cul­tur­eTech and Food­Tech on the envi­ron­men­tal impact side, and on inclu­sion and educa­tion on the social impact side.

Wega­tech, based in Munich, Germany, plans and installs sustainable energy tech­no­logy for private house­holds, combi­ning photo­vol­taic systems, elec­tri­city storage, e‑charging columns and elec­tri­city-powered heat pump heating systems. Since its foun­ding, Wega­tech custo­mers have been able to save more than five million tons of CO2 and produce over 13.3 giga­watts of green elec­tri­city to date.

Advi­sor yabeo Impact: P+P Pöllath + Partners
— Chris­tian Tönies, LL.M. Eur. (Part­ner, Lead Part­ner, M&A/VC, Munich/Berlin)
— Dr. Sebas­tian Gerlin­ger, LL.M. (Coun­sel, M&A/VC, Munich/Berlin)
— Markus Döll­ner (Asso­ciate, M&A/VC, Munich)

News

Grün­wald near Munich / London — The invest­ment specia­lists SOLUTIO, Grün­wald near Munich, and Pantheon, London, have successfully closed their first joint private debt secon­dary fund. SOLUTIO PREMIUM Private Debt I invests in funds that pool private corpo­rate loans (private debt). This is the world’s first invest­ment program with this focus that we know of. The final closing took place in Febru­ary 2020 above the plan­ned hard cap target volume of EUR 250 million.

Between 75 and 85 percent of the funds raised will be used for senior loans (senior debt), inclu­ding unitran­che, and between 15 and 25 percent for subor­di­na­ted / other debt. The main focus is on loans for compa­nies held by private equity compa­nies (“corpo­rate spon­so­red deals”). In the past, these have mostly repor­ted low default rates.

SOLUTIO AG and Pantheon (UK) LLP operate the fund as part­ners in a joint venture. Pantheon is one of the leading fund of funds mana­gers with a global presence (Ameri­cas, Europe, Asia) and mana­ges $47 billion in client assets under manage­ment. The company has over 35 years of expe­ri­ence in private finan­cial markets.

“What makes the invest­ment approach special is that we get a clear infor­ma­tion advan­tage by acces­sing Pantheon’s invest­ment plat­form,” said SOLUTIO CEO Robert Massing (photo). “We gain insight into Pantheon’s exten­sive primary invest­ments in private equity, allo­wing us to best explore oppor­tu­ni­ties in the secon­dary private debt space.”

“Private debt is beco­ming incre­asingly popu­lar as an alter­na­tive asset class and is no longer a niche product. This is also shown by the growing secon­dary market in this segment,” said Ralph Günther, Part­ner and Head of DACH Region at Pantheon. Invest­ments in the secon­dary market are gene­rally less risky than in the primary market, as defaults and impairm­ents have alre­ady been facto­red into the valua­tion. “Such more secu­rity-orien­ted tran­sac­tions have a place in a well-diver­si­fied port­fo­lio.” Pantheon has inves­ted more than 1.5 billion euros in credit-orien­ted funds since 1997.

SOLUTIO PREMIUM Private Debt I invests in medium-sized compa­nies (mid market) prima­rily in Europe and North America.

About SOLUTIO AG
SOLUTIO AG, foun­ded in Munich in 1998, deve­lops inno­va­tive invest­ment concepts espe­ci­ally for the needs of German and Austrian insti­tu­tio­nal inves­tors in the field of real assets. SOLUTIO initia­tes invest­ment concepts exclu­si­vely toge­ther with mana­gers who have a proven track record of above-average success. The company itself also parti­ci­pa­tes in all invest­ment concepts. Over the past two deca­des, SOLUTIO AG and its joint venture part­ners have laun­ched a total of 16 invest­ment programs in the asset clas­ses of private equity, infra­struc­ture and private debt with a total volume of over 4.7 billion euros.

News

Munich — Hörmann Digi­tal Betei­li­gungs GmbH, a Hörmann KG company mana­ged by Thomas Martin and Chris­toph Hörmann, has acqui­red a signi­fi­cant stake in the listed company ORBIS AG. In addi­tion, Hörmann Digi­tal Betei­li­gungs GmbH has acqui­red the right to expand its share­hol­ding in the future.

In a first step, Hörmann Digi­tal Betei­li­gungs GmbH acqui­red a total of appro­xi­m­ately 23% of the shares of ORBIS AG from seve­ral share­hol­ders and at the same time fully subscri­bed to a cash capi­tal increase of ORBIS AG, which was issued under exclu­sion of share­hol­ders’ subscrip­tion rights. This results in a total share­hol­ding of around 28%. The Hörmann Group and ORBIS AG have also signed a coope­ra­tion agree­ment for the expan­sion of exis­ting busi­ness rela­ti­onships in the field of digi­tiza­tion. — The share purcha­ses are curr­ently still subject to appr­oval by the German and Austrian anti­trust authorities.

Further­more, Hörmann Digi­tal Betei­li­gungs GmbH has obtai­ned the right from the curr­ently largest share­hol­der of ORBIS AG, GMV AG, to acquire the latter’s remai­ning shares in ORBIS AG, around 15%, in the future, thus incre­asing its share­hol­ding to a total of 43%.

In the course of the tran­sac­tion, Hörmann Digi­tal Betei­li­gungs GmbH was advi­sed by a specia­li­zed team of Rödl & Part­ner with regard to legal issues concer­ning the acqui­si­tion of the share­hol­dings and capi­tal market obli­ga­ti­ons. Part­ner Dr. Oliver Schmitt (Munich) led the compre­hen­sive legal (purchase) contract draf­ting and nego­tia­tion support from the initial discus­sions to the signing of the contract, assis­ted in the tran­sac­tion prepa­ra­tion and coor­di­na­tion and advi­sed on all capi­tal market law issues.

About Hörmann Digi­tal Betei­li­gungs GmbH
Hörmann Digi­tal Betei­li­gungs GmbH is a company of the Hörmann Group based in Stein­ha­gen, West­pha­lia, an owner-mana­ged, world-leading manu­fac­tu­rer of doors, gates, windows and frames.

About ORBIS AG
ORBIS AG is a leading IT consul­ting company in support­ing the digi­ta­liza­tion of busi­ness proces­ses of medium-sized compa­nies as well as inter­na­tio­nal corpo­ra­ti­ons. As a listed company, the Company’s shares are admit­ted to trading on the regu­la­ted market (Gene­ral Standard).

Consul­tant Hörmann: RÖDL & PARTNER
Dr. Oliver Schmitt, Part­ner (Corporate/M&A, Capi­tal Markets), Munich, over­all coordination
Mario Schulz, Asso­ciate Part­ner (Corporate/M&A, Capi­tal Markets), Munich — Legal
Tobias Reiter, Senior Asso­ciate (Corporate/M&A, Capi­tal Markets), Munich — Legal
Elisa­beth Schmidt, Asso­ciate (Corporate/M&A, Capi­tal Markets), Munich — Legal
Juliane Krafft, Asso­ciate (Corporate/M&A, Capi­tal Markets), Munich — Legal

News

Munich — Inter­na­tio­nal private equity inves­tor Bridge­point acqui­res a majo­rity stake in Phar­ma­Zell from DPE Deut­sche Private Equity and Maxburg Capi­tal Part­ners. The parties have agreed not to disc­lose the purchase price.

Phar­ma­Zell is a leading inde­pen­dent manu­fac­tu­rer of Active Phar­maceu­ti­cal Ingre­di­ents (API) in the highly stable and specia­li­zed API market. There, the company has a diver­si­fied port­fo­lio of more than 70 active ingre­di­ents and is an indus­try leader in a full range of products for the treat­ment of respi­ra­tory, inflamm­a­tory and liver dise­a­ses driven by life­style chan­ges. Many of the company’s products require special treat­ment proces­ses and/or tech­no­lo­gies. Phar­ma­Zell, head­quar­te­red in Raub­ling (near Munich), opera­tes four state-of-the-art produc­tion and R&D sites in Germany, Italy and India and employs over 900 people worldwide.

Bridge­point mana­ges more than €29 billion in assets provi­ded by global inves­tors. These include public and private pension funds, asset mana­gers, family offices, inde­pen­dent autho­ri­ties and insu­rance compa­nies around the world.

Advi­sors Phar­ma­Zell: P+P Pöllath + Part­ners advi­sed the manage­ment around CEO Oliver Bolzern.
Dr. Bene­dikt Hohaus (Part­ner, Lead Part­ner, MPP, M&A/Private Equity)
Dr. Roman Sten­zel (Coun­sel, MPP, M&A/Private Equity)
Silke Bande­ner (Asso­ciate, MPP, M&A/Private Equity, all Munich)

News

Munich — In the sale of its medi­cal divi­sion to the Texas medi­cal device manu­fac­tu­rer Ortho­fix Medi­cal Inc. WITTENSTEIN SE was advi­sed by Rödl & Part­ner. Ortho­fix Medi­cal is thus taking over the FITBONE® and FITSPINE® medi­cal product port­fo­lio of WITTENSTEIN subsi­diary WITTENSTEIN intens GmbH.

As a certi­fied supplier, WITTENSTEIN intens GmbH deve­lops, produ­ces and sells intel­li­gent implants for ortho­pae­dics and trau­ma­to­logy as well as controll­able mecha­tro­nic drive systems for medi­cal technology.

During a tran­si­tio­nal phase of appro­xi­m­ately two years, produc­tion will initi­ally remain at the current Igers­heim site and only sales will be hand­led centrally by Ortho­fix Medi­cal. The sale will not affect the employ­ment contracts of the affec­ted employees of WITTENSTEIN intens GmbH. — In addi­tion to respon­si­bi­lity for employees, WITTENSTEIN’s primary focus in the tran­sac­tion with Ortho­fix was to secure exis­ting rela­ti­onships with specia­list clinics and patients.

With the intro­duc­tion of the FITBONE® System, Ortho­fix Medi­cal beco­mes the only medi­cal device manu­fac­tu­rer in the ortho­pe­dic field to offer a compre­hen­sive port­fo­lio of inter­nal and exter­nal limb leng­thening solutions.

In the context of the tran­sac­tion, WITTENSTEIN was supported by a specia­li­zed and cross-disci­pli­nary tran­sac­tion team from Rödl & Part­ner as advi­sors on legal and tax tran­sac­tion issues.

About WITTENSTEIN
WITTENSTEIN SE, based in Igers­heim in the Main-Tauber district, stands for inno­va­tion, precis­ion and excel­lence in the world of mecha­tro­nic drive tech­no­logy, both natio­nally and inter­na­tio­nally. The Group compri­ses six inno­va­tive busi­ness units, each with its own subsi­dia­ries: servo gear units, servo drive systems, medi­cal tech­no­logy, minia­ture servo units, inno­va­tive gear tech­no­logy, rotary and linear actua­tor systems, nano­tech­no­logy, and elec­tro­nic and soft­ware compon­ents for drive technology.

About Ortho­fix Medical
Ortho­fix Medi­cal is a global manu­fac­tu­rer of medi­cal devices, inclu­ding high-quality rege­ne­ra­tive and recon­s­truc­tive solu­ti­ons for ortho­pe­dic and spine surge­ons. Ortho­fix is head­quar­te­red in Lewis­ville, Texas, USA.

Advi­sors to WITTENSTEIN SE: Rödl & Partner
Dr. Oliver Schmitt, Part­ner (Corporate/M&A), Munich, Over­all Project Manage­ment — Legal
Michael Beder, Asso­ciate Part­ner, (Corporate/M&A), Munich — Legal
Clau­dia Geercken, Senior Asso­ciate, (Corporate/M&A), Munich — Legal
Dr. Dagmar Möller-Gosoge, Part­ner, (Tax Law), Munich — Tax
Simone Rupp, Asso­ciate Part­ner, (Tax Law), Munich — Tax

News

Vier­sen / Munich — As part of a succes­sion plan, funds advi­sed by Bregal Unter­neh­mer­ka­pi­tal have acqui­red a majo­rity stake in the hidden cham­pion EA Elek­tro-Auto­ma­tik. The goal of the long-term part­ner­ship is to conti­nue EA’s successful history and further growth. Shear­man & Ster­ling advi­sed the banks on acqui­si­tion finan­cing of EA Elek­tro-Auto­ma­tik by Bregal.

EA-Elek­tro-Auto­ma­tik GmbH & Co KG is Germany’s leading manu­fac­tu­rer in labo­ra­tory power supply, high perfor­mance power supplies and elec­tro­nic loads. In 1974, Helmut Nolden foun­ded the company with the vision of deve­lo­ping highly quali­fied power supply systems for all appli­ca­ti­ons. Today, EA-Elek­tro-Auto­ma­tik is a globally active, medium-sized company.

What began in 1974 in a base­ment work­shop with the first deve­lo­p­ment of fixed-voltage power supplies for the labo­ra­tory and hobby sector has quickly deve­lo­ped into one of the most sought-after suppli­ers of highly complex solu­ti­ons. Today, EA produ­ces on 10,000m² at its main site in Vier­sen, has subsi­dia­ries in China as well as in the USA and employs about 250 people. Foun­ded by Mana­ging Direc­tor Helmut Nolden, the company has been growing stron­gly for years, supp­ly­ing custo­mers in the indus­trial, alter­na­tive energy, elec­tro­che­mi­cal, process tech­no­logy and tele­com­mu­ni­ca­ti­ons sectors. EA devices for test­ing high-perfor­mance elec­tri­cal compon­ents also make an important contri­bu­tion to the global deve­lo­p­ment of electromobility.

EA opera­tes in a market that is expe­ri­en­cing high growth and bene­fiting from long-term macro trends such as incre­asing elec­tri­fi­ca­tion, rising connec­ti­vity (smart home, IoT and Indus­try 4.0), shorter product life cycles and grea­ter battery usage. Bregal comm­ents: “We are looking forward to working toge­ther in this promi­sing envi­ron­ment and expect EA to conti­nue on its path of sustainable success through its high level of inno­va­tion, excel­lent custo­mer rela­ti­onships and broad product diver­sity. Toge­ther with the manage­ment and employees, we also want to open up new growth paths and future pros­pects, such as by further streng­thening EA’s presence in the USA and Asia, laun­ching new inno­va­tive products, and making further invest­ments in the Vier­sen site, inclu­ding a signi­fi­cant expan­sion of produc­tion capacity.”

Shear­man & Ster­ling advi­sed a consor­tium of banks led by Commerz­bank on the finan­cing of the acqui­si­tion of a majo­rity stake in EA Elek­tro-Auto­ma­tik, a leading supplier of power elec­tro­nics, by Bregal Unter­neh­mer­ka­pi­tal advi­sed funds as part of a succes­sion plan.

The Shear­man & Ster­ling team led by part­ner Winfried M. Carli (Germany-Finance) included Sven Opper­mann (Germany‑M&A/Finance).

About Bregal Entre­pre­neu­rial Capital
Bregal Unter­neh­mer­ka­pi­tal curr­ently mana­ges around 2.5 billion euros (assets under manage­ment), of which 1.2 billion euros are available for new invest­ments. — Bregal Unter­neh­mer­ka­pi­tal is part of a family busi­ness that has grown over gene­ra­ti­ons. The focus is on majo­rity or mino­rity share­hol­dings, prima­rily in medium-sized compa­nies in Germany, Austria and Switz­er­land. These invest­ments are inde­pen­dent of deve­lo­p­ments on the finan­cial markets. With pati­ent capi­tal, an entre­pre­neu­rial approach and a spirit of part­ner­ship, we can focus on the success of our invest­ments and help them create sustainable value. Parti­cu­larly important are finan­cial stabi­lity, a high degree of flexi­bi­lity, short decis­ion-making paths and a high degree of entre­pre­neu­rial free­dom for the companies.

About Shear­man & Sterling
Shear­man & Ster­ling is an inter­na­tio­nal law firm with 24 offices in 13 count­ries and appro­xi­m­ately 850 lawy­ers. In Germany, Shear­man & Ster­ling is repre­sen­ted at the Frank­furt office. The firm is one of the inter­na­tio­nal market leaders in advi­sing on complex cross-border tran­sac­tions. World­wide, Shear­man & Ster­ling prima­rily advi­ses inter­na­tio­nal corpo­ra­ti­ons and large natio­nal compa­nies, finan­cial insti­tu­ti­ons, and large mid-sized compa­nies. For more infor­ma­tion, visit www.shearman.com.

News

Coll­ec­tia is a provi­der of debt coll­ec­tion and debt purchase services with more than 13,000 corpo­rate custo­mers in Denmark, Sweden, Norway and Germany.

Munich, London, Brøndby — Euro­pean private equity firm Silver­fleet Capi­tal has acqui­red a majo­rity stake in Coll­ec­tia A/S, a credit manage­ment service provi­der based in Brøndby, Denmark. Details of the tran­sac­tion will not be disclosed.

Coll­ec­tia was foun­ded in 1998 and today is a rapidly growing provi­der of debt coll­ec­tion and debt purchase services. Head­quar­te­red in Brøndby, the company opera­tes mainly in the Danish market and has also estab­lished a smal­ler market presence in Sweden, Norway and Germany. With more than 175 employees, Coll­ec­tia curr­ently hand­les more than 600,000 active cases for appro­xi­m­ately 13,000 corpo­rate clients.

Coll­ec­tia has a mature proprie­tary tech­no­logy plat­form as well as an exten­sive credit data­base and advan­ced data analy­tics capa­bi­li­ties. This makes Coll­ec­tia a clearly diffe­ren­tia­ted company with the poten­tial to gain addi­tio­nal market share in both exis­ting and new markets. In recent years, the company has diver­si­fied its service port­fo­lio: In addi­tion to its core busi­ness of debt coll­ec­tion services, it has expan­ded its receiv­a­bles purcha­sing acti­vi­ties and laun­ched a new credit rating infor­ma­tion service in Denmark. Coll­ec­tia has also made seve­ral acqui­si­ti­ons to expand its presence in Scan­di­na­via and Germany.

Silver­fleet Capi­tal has many years of expe­ri­ence in finan­cial services and focu­ses on lever­aging advan­ta­ge­ous macro dyna­mics. In Collectia’s case, incre­asing regu­la­tion in Denmark and across the EU is driving the outsour­cing of debt coll­ec­tion proces­ses to specia­li­zed service provi­ders; also, Coll­ec­tia expects that addi­tio­nal, new regu­la­tion in the coming years will lead to an incre­asing volume of problem loan and debtor port­fo­lios that banks and compa­nies will resell to specialists.

With the invest­ment from Silver­fleet, Coll­ec­tia intends to further acce­le­rate its growth course. The aim is to conti­nue to draw on the excel­lent tech­no­logy-based proces­ses in order to further deve­lop the Coll­ec­tion Solu­ti­ons area. The receiv­a­bles purcha­sing area is to be expan­ded, and the company’s inter­na­tio­nal expan­sion is to be further driven by targe­ted verti­cal niche acquisitions.

Mark Pias­e­cki (photo), Part­ner at Silver­fleet Capi­tal, says: “With Coll­ec­tia, we have gained a tech­no­lo­gi­cally savvy company with a core busi­ness in Denmark as a part­ner that offers many oppor­tu­ni­ties for growth on both a natio­nal and inter­na­tio­nal level. We look forward to working closely with Collectia’s expe­ri­en­ced manage­ment team and to buil­ding on past succes­ses and reali­zing the company’s poten­tial together.”

Chris­tian la Cour Valen­tin, CEO of Coll­ec­tia, adds: “Silver­fleet Capi­tal shares our stra­te­gic vision for the future of Coll­ec­tia and under­stands where the parti­cu­lar strengths of our company lie. Toge­ther with its expe­ri­ence, capi­tal strength and network, the company is an ideal part­ner to expand our growth strategy.”

Coll­ec­tia marks the eleventh invest­ment for Silver­fleet Capi­tal from the current fund. The Silver­fleet port­fo­lio includes compa­nies from the UK, France, Bene­lux, Scan­di­na­via and Germany.

At Silver­fleet Capi­tal, Mark Pias­e­cki, Karl Eidem, Robert Knight, Johan Boork and Farhad Tatar were respon­si­ble for the current tran­sac­tion. The invest­ment company was advi­sed on the tran­sac­tion by Houli­han Lokey (M&A), Deloitte (Debt, Commer­cial, Finan­cial & Tax), Bruun & Hjejle, Travers Smith and McFar­la­nes (all Legal), Rud Peder­sen (Regu­la­tory), BearingPoint(IT) and Quan­tum Data Analy­tics (Finan­cial). Debt finan­cing was provi­ded by Alcen­tra and Sydbank.

About Silver­fleet Capital
Silver­fleet Capi­tal has been active as a private equity inves­tor in the Euro­pean mid-market for more than 30 years. The 32-strong invest­ment team works from Munich, London, Paris, Stock­holm and Amsterdam.

Scan­di­na­via is one of the geogra­phi­cal target regi­ons for Silver­fleet Capi­tal; the company is parti­cu­larly active in Denmark. The invest­ment in Coll­ec­tia in 2020 marks Silver­fleet Capital’s fourth plat­form invest­ment in Denmark since 2013; other recent tran­sac­tions include the successful exits of Phase One in 2019 and Cimbria in 2016.

Ten invest­ments have alre­ady been made from the second inde­pen­dent fund closed in 2015 with a volume of 870 million euros: The Masai Clot­hing Company, a whole­sa­ler and retailer of women’s fashion head­quar­te­red in Denmark; Coven­tya, a French deve­lo­per of specialty chemi­cals; Sigma Compon­ents, a UK-based manu­fac­tu­rer of precis­ion compon­ents for civil avia­tion; Life­time Trai­ning, a provi­der of trai­ning programs based in the United King­dom; Pumpen­fa­brik Wangen, a manu­fac­tu­rer of specialty pumps based in Germany; Riviera Travel, an escor­ted group tour and cruise opera­tor based in the United King­dom; 7days, a German supplier of medi­cal work­wear; Prefere Resins, a leading phen­o­lic and amino resin manu­fac­tu­rer in Europe, CARE Fertility, a leading opera­tor of ferti­lity clinics in the United King­dom, and BOA Core­Dux, a leading desi­gner and manu­fac­tu­rer of custom, high-purity metal hoses for criti­cal indus­trial applications.

Silver­fleet Capi­tal also main­ta­ins an invest­ment team specia­li­zing in smal­ler middle-market compa­nies, which has alre­ady made two successful invest­ments: STAXS Conta­mi­na­tion Control Experts, a leading supplier of clean­room access­ories in the Bene­lux (comple­ted in Janu­ary 2019), and Micro­gen Finan­cial Systems, a leading provi­der of trust and fund admi­nis­tra­tion soft­ware for the trust and corpo­rate services industry.

Silver­fleet achie­ves value growth by inves­t­ing in compa­nies in its core sectors that bene­fit from speci­fic, long-term trends. Silver­fleet supports these compa­nies in their future growth stra­te­gies. As part of these stra­te­gies, invest­ments are made in orga­nic growth drivers, inter­na­tio­na­liza­tion, stra­te­gic acqui­si­ti­ons or opera­tio­nal impro­ve­ment proces­ses. Since 2004, Silver­fleet Capi­tal has inves­ted €2.1 billion in 32 companies.

Silver­fleet specia­li­zes in four key indus­tries: Busi­ness and Finan­cial Services, Health­care, Manu­fac­tu­ring, and Retail and Consu­mer Goods.

Since 2004, the private equity inves­tor has inves­ted 30% of its assets in compa­nies head­quar­te­red in the DACH region, 33% in the UK and Ireland, 18% in Scan­di­na­via, and 15% in France and the Bene­lux (includes an invest­ment sourced in Belgium and head­quar­te­red in the US).

Silver­fleet Capi­tal has a solid invest­ment track record. Most recently, Silver­fleet sold Phase One, a leading tech­no­logy company in the field of high-end digi­tal camera systems and for image proces­sing soft­ware (invest­ment multi­ple 4.6x); Ipes, a leading provi­der of outsour­cing services for Euro­pean private equity compa­nies (invest­ment multi­ple 3.7x); CCC, one of the leading BPO services provi­ders in Europe; and Cimbria, a Danish manu­fac­tu­rer of agri­cul­tu­ral equip­ment (invest­ment multi­ple cannot be disc­lo­sed for legal reasons); Kalle, a German manu­fac­tu­rer of arti­fi­cial sausage sticks (invest­ment multi­ple 3.5x); OFFICE, a UK-based foot­wear retailer (invest­ment multi­ple 3.4x); and Aesica, a leading phar­maceu­ti­cal CDMO company (invest­ment multi­ple 3.3x).

News

Kirk­caldy, Scotland/ Munich — Shear­man & Ster­ling has advi­sed Frost­krone Food Group (Frost­krone), a port­fo­lio company fund advi­sed by EMERAM, on the finan­cing of its add-on acqui­si­tion of Inno­vate Foods.

Inno­vate Foods, based in Kirk­caldy, Scot­land, manu­fac­tures frozen finger foods and snacks for the whole­sale, retail and food service markets. Foun­ded by Tony Dumbreck, the company is one of the leading finger food manu­fac­tu­r­ers in the UK.

EMERAM is an inde­pen­dent Munich-based invest­ment company for German-spea­king medium-sized compa­nies. Funds advi­sed by EMERAM provide capi­tal for the further deve­lo­p­ment of compa­nies with a fund volume of €400 million. EMERAM sees itself as a long-term busi­ness deve­lo­p­ment part­ner for compa­nies in the three areas of Consu­mer, Services and Tech­no­logy. — Shear­man & Ster­ling regu­larly advi­ses EMERAM on finan­cing transactions.

Advi­sor to EMERAM: Shear­man & Sterling
Part­ner Winfried M. Carli and Asso­ciate Andreas Breu (Germany-Finance).

About Shear­man & Sterling
Shear­man & Ster­ling is an inter­na­tio­nal law firm with 24 offices in 13 count­ries and appro­xi­m­ately 850 lawy­ers. In Germany, Shear­man & Ster­ling is repre­sen­ted at the Frank­furt office. The firm is one of the inter­na­tio­nal market leaders in advi­sing on complex cross-border tran­sac­tions. World­wide, Shear­man & Ster­ling prima­rily advi­ses inter­na­tio­nal corpo­ra­ti­ons and large natio­nal compa­nies, finan­cial insti­tu­ti­ons, and large mid-sized compa­nies. For more infor­ma­tion, visit www.shearman.com.

News

Munich, Frank­furt a. Main — Inter­na­tio­nal law firm Clif­ford Chance has advi­sed global finan­cial inves­tor KKR and Regge­borgh on the sale of tele­com­mu­ni­ca­ti­ons company Deut­sche Glas­fa­ser to EQT and OMERS. The tran­sac­tion is expec­ted to close in the second quar­ter of 2020, subject to custo­mary regu­la­tory approvals.

Deut­sche Glas­fa­ser was foun­ded in 2011. In 2015, KKR acqui­red a majo­rity stake from Dutch inves­tor Regge­borgh. With KKR’s invest­ment, Deut­sche Glas­fa­ser has become the fastest growing provi­der of giga­bit Inter­net connec­tions via fiber-to-the-home (“FTTH”) in Germany. With the opera­tio­nal and finan­cial support of KKR, the company inves­ted over EUR 1.2 billion in fiber-optic infra­struc­ture and its roll-out in under­ser­ved rural and subur­ban commu­ni­ties in Germany. For exam­ple, Deut­sche Glas­fa­ser increased the number of fiber-optic connec­tions to more than 600,000 house­holds and 5,000 companies.

Accor­ding to plans by EQT and OMERS, Deut­sche Glas­fa­ser will be merged with EQT port­fo­lio company inexio to form a leading FTTH provi­der in rural Germany. EQT will hold 51 percent of the combi­ned group, while Cana­dian pension fund OMERS will own 49 percent.

Clif­ford Chance had alre­ady advi­sed KKR on its invest­ment in Deut­sche Glas­fa­ser in 2015. In addi­tion, a Clif­ford Chance team had recently advi­sed Deut­sche Glas­fa­ser on a 1.8 billion refi­nan­cing to further expand fiber infra­struc­ture in Germany.

Clif­ford Chance M&A Part­ner Markus Muhs said of the tran­sac­tion: “We are plea­sed to have advi­sed KKR throug­hout its invest­ment in Deut­sche Glas­fa­ser with a strong team of M&A, finan­cing and regu­la­tory experts. In this tran­sac­tion, we were once again able to contri­bute our indus­try exper­tise and many years of expe­ri­ence in the tele­com­mu­ni­ca­ti­ons and tech­no­logy sector.”

The Clif­ford Chance team that advi­sed KKR and Regge­borgh on the sale was led by part­ners Markus Muhs (Munich) and Frede­rik Mühl (Frank­furt, both Corporate/Private Equity/M&A).

About Clif­ford Chance
Clif­ford Chance, one of the world’s leading law firms, is present for its clients with around 3,400 legal advi­sors in all major busi­ness centers around the world. — In Germany, Clif­ford Chance is repre­sen­ted by around 300 lawy­ers, audi­tors, tax advi­sors and soli­ci­tors in Düssel­dorf, Frank­furt am Main and Munich.

News

Munich/ London — Norton Rose Fulbrighthas advi­sed the foun­ding share­hol­ders of Munich-based multi­player tech­no­logy startup zeuz on the sale of their company to Impro­ba­ble Worlds Limited.

The Bava­rian startup was foun­ded in 2017 by Manuel Karg, Markus Schnei­der, Sebas­tian Reck­zeh and Roberto Omez­zolli and curr­ently employs 30 people. zeuz’s contai­ner-based approach to hosting and server orchestra­tion provi­des game deve­lo­pers with cost-effec­tive and effi­ci­ent solu­ti­ons, as well as flexi­bi­lity and scala­bi­lity without back-end issues. As part of Impro­ba­ble, zeuz will expand its cost-effec­tive hybrid cloud infra­struc­ture to address new markets and inte­grate its offe­ring with Improbable’s networ­king, co-deve­lo­p­ment and game deve­lo­p­ment businesses.

Impro­ba­ble is a multi­na­tio­nal tech­no­logy company head­quar­te­red in London that makes distri­bu­ted simu­la­tion soft­ware for video games and enter­prise appli­ca­ti­ons. Recently, the company has grown stron­gly through seve­ral acqui­si­ti­ons and also main­ta­ins its own studios in Canada, the USA and the UK. The core product is the multi­player tool SpatialOS.

The Norton Rose Fulbright was led by Munich part­ner Sebas­tian Frech (Corporate/M&A) and also included part­ners David Marshall (London), Dr. Tim Scha­per (Anti­trust), Dr. Uwe Eppler (Tax, both Hamburg) and Matthew Find­ley (Employee Bene­fits, London), coun­sels Dr. Nico­las Daamen (Corporate/M&A) and Dr. Frank Bayer (Tax), asso­cia­tes Sebas­tian Eisen­hut, Sebas­tian Köster, Thomas Widdows, Greg Brana­gan and Julia Gallin­ger, and tran­sac­tion specia­list Tobias Grans.

News

Stutt­gart — Flip, the Stutt­gart-based employee app, has successfully closed a seed finan­cing of 3.6 million euros. Foun­ded in 2018, the startup offers compa­nies a modern plat­form that connects and informs employees across all levels in a legally compli­ant manner. The 3.6 million euros in seed finan­cing will be used for product and team deve­lo­p­ment and expan­sion. Among the custo­mers are Porsche, Bauhaus and Edeka

Flip offers commu­ni­ca­tion at eye level
The employee app enables company-wide sharing and distri­bu­tion of infor­ma­tion to all employees, whether they work in the office, on the shop floor, in the warehouse, in the field, or part-time. The appli­ca­tion is based on a DSGVO-compli­ant data and employee protec­tion concept that was jointly vali­da­ted with experts and works coun­cils from seve­ral DAX compa­nies. Inte­gra­tion opti­ons for exis­ting IT infra­struc­ture allow seam­less connec­tion to exis­ting proces­ses. Flip thus comple­ments and supports exis­ting and future digi­tiza­tion projects in companies.

Capi­tal for new employees, growth and expansion
The main inves­tors LEA Part­ners and Cavalry Vent ures invest in the company toge­ther with Plug and Play Ventures and busi­ness angels such as Jürgen Hambrecht (Chair­man of the Super­vi­sory Board BASF), Prof. Dr. Kurt Lauk (Chair­man of the Super­vi­sory Board Magna Inter­na­tio­nal), Florian Buzin (Foun­der Star­face) and Andreas Burike (HR Busi­ness Angel). The capi­tal raised is to be inves­ted prima­rily in the expan­sion of the team and the deve­lo­p­ment of further markets.

Promi­nent custo­mer base
Since its launch in 2018, the young company has alre­ady been able to win seve­ral well-known compa­nies as custo­mers. Among them Porsche, Bauhaus, Edeka, Junge IG Metall, Wüsten­rot & Würt­tem­ber­gi­sche. Parts of the savings banks and Volks­banks are also among the custo­mer base of the Stutt­gart-based startup. Flip is also supported by strong inno­va­tive part­ners such as Deut­sche Telekom.

Flip foun­der and CEO, Bene­dikt Ilg, comm­ents, “Flip is the easiest solu­tion for inter­nal commu­ni­ca­tion in compa­nies of all sizes. We are proud of the deve­lo­p­ment of our company so far and see this invest­ment as a confir­ma­tion of our vision.” Bern­hard Janke from LEA Part­ners states: “As a young company, Flip was able to win well-known custo­mers. The lean solu­tion can be inte­gra­ted into exis­ting IT systems and exis­ting commu­ni­ca­tion proces­ses, even in large orga­niza­ti­ons. With the funding round, we want to further expand the team and product to support the foun­ders in their vision to make digi­tal work­force enga­ge­ment acces­si­ble to all companies.”

Claude Ritter of Cavalry Ventures says, “We believe Flip is setting new stan­dards in this fled­gling market with its safe, light­weight and highly capa­ble product.”

About Flip GmbH
Flip is the easiest, most effi­ci­ent and secure way to inform and connect employees. For this purpose, the company bund­les commu­ni­ca­tion, infor­ma­tion and proces­ses in an appli­ca­tion which not only convin­ces through DSGVO and works coun­cil confor­mity, but also through its simple and intui­tive usabi­lity. Flip can act as a mobile endpoint for the intra­net, giving desk­top and non-desk­top employees equal access to infor­ma­tion. Flip is successfully used by nume­rous custo­mers such as Porsche AG, Wüsten­rot & Würt­tem­ber­gi­sche, Edeka, Bauhaus or the young IG Metall. The company was star­ted in 2018 by Bene­dikt Ilg and Giacomo Kenner and curr­ently employs 30 people at its head­quar­ters in Stuttgart.

About LEA Partners
LEA Part­ners, as an entre­pre­neu­rial equity part­ner, supports foun­ders and manage­ment teams at diffe­rent stages of deve­lo­p­ment in their growth and achie­ve­ment of a leading market posi­tion. Based in Karls­ruhe, one of the largest tech­no­logy clus­ters in Europe, LEA Part­ners has mana­ged invest­ments in nume­rous tech­no­logy compa­nies since 2002. With two invest­ment vehic­les for all company phases and a strong network of opera­tio­nal sector experts as well as stra­te­gic part­ners, LEA Part­ners can contri­bute substan­tial added value to the deve­lo­p­ment of tech­no­logy companies.

News

Osnabrück/Rheine — The Osna­brück-based family equity company zwei.7 acqui­res a stake in the Ossen­berg Group. The Rheine-based company is the market leader for walking aids and fore­arm supports in Germany and, for its part, had taken over the second largest supplier in this market segment — Erwin Kowsky GmbH in Neumüns­ter — in the middle of last year.

The Ossen­berg Group is the leading German manu­fac­tu­rer of aids for the walking impai­red. The tradi­tio­nal company deve­lops, produ­ces and sells fore­arm walking aids, light metal canes and ortho­pe­dic aids. The medium-sized company, with around 100 employees, has been selling its products through specia­list dealers for around six deca­des — in recent years also very successfully worldwide.

Both compa­nies have agreed to further inten­sify the strong growth course of the past years in the future. Former share­hol­der Cars­ten Diek­mann will remain with the company as mana­ging part­ner. Frank Wieditz will leave the company in Febru­ary 2020. Both parties have agreed not to disc­lose finan­cial infor­ma­tion about the transaction.

For the Osna­brück-based two.7 family equity firm, this is the first successful acqui­si­tion in the Health­Care sector, since its foun­da­tion in spring 2018. Kars­ten Wulf (photo), co-owner of the buw Group for more than 30 years, had laun­ched the two.7 Group in Osna­brück after the successful sale of the call center (6,000 employees, sold to Conver­gys in 2016). The company’s goal is to actively invest in high-growth medium-sized compa­nies and, in doing so, to contri­bute Kars­ten Wulf’s deca­des of expe­ri­ence as a medium-sized entrepreneur.

“The Ossen­berg Group has pursued a convin­cing growth stra­tegy in recent years and, as a medium-sized company from Rheine, has built up a quality brand world­wide with its products in the mobi­lity indus­try. Toge­ther we want to conti­nue and expand this course,” says Kars­ten Wulf.

“We are glad to have found an entre­pre­neu­rial part­ner in the zwei.7 Group. The expe­ri­ence of Kars­ten Wulf and his part­ner Olaf Bock as successful entre­pre­neurs from Lower Saxony will help us to master the next growth steps. From entre­pre­neur to entre­pre­neur, we discuss at eye level and speak the same language, says Cars­ten Diek­mann, who has mana­ged the Ossen­berg Group in Rheine since 2007.

The tran­sac­tion was accom­pa­nied by tax advi­sor / lawyer Dr. Klaus Stein from Osna­brück.

About two.7
The tzwei.7 group was foun­ded in 2018 by Kars­ten Wulf in Osna­brück. The family equity house invests in high-growth medium-sized compa­nies and takes entre­pre­neu­rial risks with equity capi­tal. The aim is to estab­lish and expand a Euro­pean health care clus­ter of small and medium-sized successful compa­nies. The invest­ment in the Ossen­berg Group is the first successfully comple­ted tran­sac­tion in the Health Care portfolio.

About Ossen­berg
The Ossen­berg Group is the leading German manu­fac­tu­rer of ortho­pe­dic aids for the walking impai­red. Foun­ded in 2007 in Rheine in eastern West­pha­lia, the tradi­tio­nal company now sells its products world­wide. Last summer, Ossen­berg took over its compe­ti­tor Erwin Kowsky from Neumüns­ter. The Ossen­berg Group employs around 100 people and repor­ted sales of €16.7 million in 2019.

News

Munich — The new year begins confi­dently for air up: The Munich-based startup air up recei­ves more than 2.3 million euros from its exis­ting inves­tors in an inte­rim finan­cing round. Exis­ting inves­tors are funding the scent bottle startup with another 2.3 million euros. The VC Oyster­Bay around Chris­toph Miller (photo) acts as lead inves­tor . Expe­ri­en­ced foun­der and ex-Free­le­tics CMO Chris­tian Hauth now on board as co-CEO.

Follo­wing the successful market launch in 2019, the funds from the new round will be used for product deve­lo­p­ment, marke­ting, company growth and regio­nal expan­sion. The venture capi­tal fund Oyster­Bay, which specia­li­zes in Food­Tech and is backed by the expe­ri­en­ced Hamburg-based beverage entre­pre­neur Chris­toph Miller, is acting as the lead inves­tor. He and other promi­nent inves­tors such as Ralf Dümmel and Frank Thelen alre­ady inves­ted in the drin­king system in mid-2018, which gives water a speci­fic taste only through scent.

“As big fans of air up, it was a plea­sure for Oyster­Bay to close this invest­ment as lead inves­tor. air up is a perfect combi­na­tion of sustaina­bi­lity, global IP, life­style as well as food and tech. The foun­ding team is highly moti­va­ted, commit­ted and profes­sio­nal!”, says Chris­toph Miller.

Expan­sion of manage­ment due to strong growth
The young company is on course for econo­mic success: the first produc­tion batch was sold out within a few weeks, and since August 2019 a total of more than 100,000 bott­les have been distri­bu­ted. As a result, the air up foun­ders plan to conti­nue to pursue their vision of a healthy and sustainable beverage revo­lu­tion and ensure product leader­ship in the scent-based drinks sector. The startup’s growth is also evident in terms of person­nel: since Febru­ary 2019, the team has grown from the five foun­ders to a total of 30 members now. In mana­ging the young team, air up has been supported since Janu­ary by siroop foun­der and ex-Free­le­tics CMO Chris­tian Hauth, who brings exten­sive manage­ment expe­ri­ence with fast-growing start­ups. As co-CEO, Hauth will take over the areas of stra­tegy, HR and orga­niza­tion from CEO Jannis Koppitz, who will conti­nue to be respon­si­ble for finance, finan­cing and company development.

The 41-year-old Hauth has a great deal of expe­ri­ence in the manage­ment of young, rapidly expan­ding tech­no­logy compa­nies and special exper­tise in e‑commerce, online marke­ting and employee manage­ment. After foun­ding the Swiss online market­place siroop, which alre­ady reached a turno­ver of 60 million euros and a size of 180 employees after two years, he was Chief Marke­ting Offi­cer (CMO) at the well-known Munich-based fitness startup Free­le­tics for seve­ral years. “It feels a bit like start­ing up my own busi­ness, coming on board with air up at such an early stage. It provi­des fanta­stic oppor­tu­ni­ties to help shape the future of the team and the product. At the same time, having a team that is hungry and has an incre­di­ble power for change within them holds a lot of poten­tial. With air up, we want to achieve a small revo­lu­tion by giving people the oppor­tu­nity to improve their eating habits in a sustainable way.”

Expan­sion of brand aware­ness and further deve­lo­p­ment of the product portfolio
In addi­tion to Germany, air up will also focus on Austria and Switz­er­land from spring 2020. Here, air up was alre­ady available to order online, but few resour­ces have been used to increase brand aware­ness. The aim is to be available, as in Germany, in the company’s own web store, the leading market­places and in statio­nary retail outlets, thus visi­bly estab­li­shing the scent-based drinks segment. To date, the retro­na­sal hydra­tion system is unique in the world and has no compa­ra­ble products. In addi­tion to expan­ding marke­ting acti­vi­ties, the air up team also intends to use the new capi­tal to finance further product deve­lo­p­ments. In recent weeks, the raspberry-lemon and cherry flavors have alre­ady been laun­ched, for which there was parti­cu­lar market demand. As a result, Janu­ary 2020 was the highest reve­nue month to date in the startup’s e‑commerce chan­nels since the company’s foun­ding — doubling December’s online sales.

About air up
air up is the world’s first drin­king system that can flavor water just by adding scent. The foun­ders want to reduce the exces­sive consump­tion of sugar in the form of soft drinks and save plas­tic and CO2 at the same time. air up GmbH was foun­ded in 2019 and is head­quar­te­red in the heart of Munich. The star­ter sets and fragrance pods are available at www.air-up.com and at around 5,000 retail outlets, inclu­ding real, Edeka and Rewe.

The air up foun­ders spent three years deve­lo­ping their idea until, after more than 200 diffe­rent designs and further deve­lo­p­ments, the bottle was finally ready for market launch. The project origi­nally began with the product design studies of Lena Jüngst and Tim Jäger at the Univer­sity of Applied Scien­ces in Schwä­bisch Gmünd. After Fabian Schlang, Jannis Koppitz and Simon Nüesch joined as addi­tio­nal foun­ders as students of the TU Munich, the office of the young company moved to the Munich Univer­sity. With the help of various start-up grants, they were able to win over well-known inves­tors, such as Ralf Dümmel and Frank Thelen, and thus start produc­tion of the first air up bottles.

About Oyster Bay
We mainly focus on later stage compa­nies in the plant-based, sustainable and/or func­tional food and beverage consu­mer goods space. We invest in Series A/B as well as in Secondary’s. Oyster Bay is commit­ted to invest in successful inno­va­tive food-tech, agri­cul­tu­ral-tech and food e‑commerce compa­nies which deli­ver finan­cial returns and measura­ble social and envi­ron­men­tal good. www.oyster-bay.vc

News

Munich — Reed Smith has advi­sed its long-time client Global Growth Capi­tal on a debt invest­ment in Lime­home Assets GmbH, a hospi­ta­lity startup that is leading the hotel indus­try into the new decade.

Global Growth Capital’s invest­ment is part of Limehome’s new €21 million funding round, with all exis­ting inves­tors, Lake­star, HV Holtz­brinck Ventures, and Picus Capi­tal, led by Lake­star, incre­asing their participation.

Lime­home Assets, based in Munich, rents apart­ments and furnis­hes them as apart­ments for short- and long-term rent. At the begin­ning of last year, 5 million euros alre­ady flowed into the startup, which was foun­ded in 2018 by Lars Stäbe and Josef Voll­mayr (photo from right to left: source Lime­home). The company auto­ma­tes all the tradi­tio­nal proces­ses of a hotel opera­tion via its proprie­tary tech­no­logy plat­form — from pricing, to booking, check-in, clea­ning, custo­mer service and invoi­cing — by combi­ning the design aspi­ra­ti­ons of a premium hotel with the effi­ci­ency of a consis­t­ently digi­tal opera­ting concept. Since laun­ching about 18 months ago, Lime­home has alre­ady opened more than 30 loca­ti­ons and contrac­ted another 35 proper­ties. This alone will make Lime­home the hotel concept with the second most loca­ti­ons in German-spea­king count­ries in 2020.

Global Growth Capi­tal orga­ni­zes custo­mi­zed, inno­va­tive debt capi­tal solu­ti­ons with ticket volu­mes between 5 and 50 million euros. The flexi­ble approach to struc­tu­ring and an effi­ci­ent decis­ion-making process enable tech­no­logy compa­nies and their entre­pre­neurs to achieve sustainable growth.

Advi­sor to Global Growth Capi­tal: Reed Smith
The legal team led by Florian Hirsch­mann (Private Equity/M&A) and Phil­ipp Johan­nes Berg­mann (Finan­cial Market) included Jane Grin­blat (Finan­cial Market), Tobias Schulz, Joshua Etspü­ler (both Private Equity/M&A), Dr. Etienne Richt­ham­mer and Frede­rik Laux (both Real Estate).

Advi­sor to Lime­home Assets GmbH: Hogan Lovells Inter­na­tio­nal LLP (Munich)

News

Frank­furt a. Main — Tech­Vi­sion Fonds I has doubled its subscrip­tion capi­tal to appro­xi­m­ately EUR 40 million after real­lo­ca­tion of the fund compared to the first closing. P+P Pöllath + Part­ners advi­sed the fund mana­ger, which is part of the S‑UBG Group, on all legal issues regar­ding fund struc­ture and distribution.

Tech­Vi­sion Fonds I is a venture capi­tal fund with an invest­ment focus on tech­no­logy compa­nies in the Aachen, Krefeld and Mönchen­glad­bach regi­ons. Origi­nally desi­gned for seed invest­ments, the Tech­Vi­sion Fund (form­erly Seed Fonds III Aachen & Mönchen­glad­bach) now aims to parti­ci­pate in subse­quent finan­cing rounds of exis­ting port­fo­lio compa­nies as well as a geogra­phi­cal expan­sion beyond the econo­mic region of Aachen, in addi­tion to early-stage investments.

The gene­ral part­ner led by the manage­ment team of the S‑UBG Group is FM Fonds-Manage­ment für die Region Aachen Betei­li­gungs GmbH. S‑UBG is a leading part­ner in provi­ding equity capi­tal for estab­lished medium-sized compa­nies as well as young, tech­no­logy-orien­ted start-ups. As an asso­cia­tion of regio­nal savings banks, S‑UBG can look back on more than 30 years of expe­ri­ence in the field of equity capi­tal. With Tech­Vi­sion Fonds I, the fund manage­ment company mana­ges the third gene­ra­tion of its seed and early stage funds specia­li­zing in regio­nal companies.

P+P Pöllath + Part­ners advi­sed the fund mana­ger compre­hen­si­vely on all contrac­tual, tax and regu­la­tory aspects of the fund struc­tu­ring as well as the distri­bu­tion with the follo­wing cross-loca­tion private funds team.
Dr. Andreas Rodin, Photo (Part­ner, Private Funds/Tax Law, Frank­furt am Main)
— Jan Phil­ipp Neidel, LL.M. (UConn) (Senior Asso­ciate, Private Funds/Tax Law/Venture Capi­tal, Berlin), Dr. Simon Schachin­ger (Asso­ciate, Private Funds/Tax Law/Venture Capi­tal, Berlin)

News

Düsseldorf/Munich, Germany, Febru­ary 10, 2020 - ARQIS advi­sed Komori Corpo­ra­tion (Komori) on the acqui­si­tion of MBO Group (MBO), a Germany-based global company specia­li­zing in the manu­fac­ture and sale of post-press equip­ment. The closing of the tran­sac­tion is subject to regu­la­tory approval.

The acqui­si­tion of MBO will enable Komori to market the entire process chain from prin­ting to finis­hing as well as IoT-based cloud solu­ti­ons such as KP-Connect world­wide in the future. The acqui­si­tion is also expec­ted to faci­li­tate entry into post-press solu­ti­ons for commer­cial prin­ting — a new busi­ness area for the Komori Group.

The MBO Group, based in Germany, was foun­ded in 1965. It specia­li­zes in the deve­lo­p­ment, produc­tion and sale of machi­nes and auto­ma­tion solu­ti­ons for digi­tal and offset post­press and, with the Herzog+Heymann brand, for mailing, phar­maceu­ti­cal and special appli­ca­ti­ons. Produc­tion takes place at the sites in Oppen­wei­ler, Biele­feld (Herzog+Heymann) and Pera­fita near Porto in Portu­gal. In addi­tion to its own sales compa­nies in the USA, France and China, MBO main­ta­ins a world­wide network of sales and service part­ners. — Menold Bezler advi­sed the Binder family of entre­pre­neurs as share­hol­ders of the MBO Group on the sale of all shares to the Japa­nese Komori Group

Komori Corpo­ra­tion, foun­ded in 1923 and based in Japan, is a listed manu­fac­tu­rer of prin­ting pres­ses. The company manu­fac­tures web offset pres­ses, secu­rity pres­ses, sheet-fed offset pres­ses, pack­a­ging pres­ses, and print-rela­ted equipment.

ARQIS’ consul­ting services included legal due dili­gence support in a total of five juris­dic­tions, struc­tu­ral consul­ting, and contract draf­ting and nego­tia­tion. In this regard, ARQIS led an inter­na­tio­nal and multi­di­sci­pli­nary team consis­ting of Cuat­re­ca­sas (Portu­gal), Baker & Hostet­ler (USA), Gide (France) and FuJae (China), as well as RCAA (Anti­trust) and Held Jagut­tis (Public Law and Envi­ron­men­tal Law/Regulation).

Advi­sor Komori: ARQIS Rechts­an­wälte (Düsseldorf/Munich)
Dr. Shigeo Yama­guchi (photo), Dr. Meiko Dill­mann (both Lead; Corporate/M&A), Dr. Andrea Panzer-Heemeier (Labor Law), Dr. Ulrich Lien­hard (Real Estate Law), Marcus Noth­hel­fer (IP & Commer­cial); Coun­sel: Dr. Deniz Günal (Corporate/M&A), Dr. Hendrik von Mellen­thin (Labor Law), Dr. Phil­ipp Maier (IP & Commer­cial); Asso­cia­tes: Thi Kieu Chinh Nguyen, Martin Wein­gärt­ner (both Labor Law), Jenni­fer Huschauer (Real Estate Law), Jenni­fer Sauder (Commer­cial), Fabian Schmidt (IP & Commer­cial); Legal Specia­list: Miho Kuram­ochi (Corporate/M&A).

Advi­sor to the Binder family of entre­pre­neurs as share­hol­ders of the MBO group: Menold Bezler
Menold Bezler (Stutt­gart): Rudolf Bezler (Part­ner), Vladi­mir Cutura (Part­ner, Lead, both Corporate/M&A), Dr. Jochen Bern­hard (Part­ner, Anti­trust), Nicole Brandt, Kers­tin Lauber (both Corporate/M&A), Dr. Till Mahler (Part­ner, Commercial)
Winter­gerst Socie­tät für Unter­neh­mer-Bera­tung (Stutt­gart): Volker Winter­gerst, Jona­than Plap­pert, Chris­tian Kunz (M&A consultants)

About ARQIS
ARQIS is an inde­pen­dent busi­ness law firm opera­ting in Germany and Japan. The firm was foun­ded in 2006 at its current offices in Düssel­dorf, Munich and Tokyo. Around 50 profes­sio­nals advise dome­stic and foreign compa­nies at the highest level on the core issues of German and Japa­nese busi­ness law. The focus is on M&A, corpo­rate law, private equity, venture capi­tal, employ­ment law, private clients, intellec­tual property, liti­ga­tion as well as real estate law and tax law. www.arqis.com.

News

Stutt­gart — Globus SB-Waren­haus Holding GmbH & Co. KG and other compa­nies of the Globus Group St. Wendel has sold 19 tire centers to pitstop.de GmbH. The sale took the form of an asset deal. Menold Bezler advi­sed Globus SB-Waren­haus Holding on this tran­sac­tion. — The parties have agreed not to disc­lose the purchase price. The closing of the tran­sac­tion is subject to appr­oval by the rele­vant anti­trust authorities.

The family-owned Globus company based in St. Wendel opera­ted the tire centers on the premi­ses of the Globus SB depart­ment stores. As part of the take­over, this space will be leased to the buyer on a long-term basis and the tire centers will conti­nue to operate under the “pits­top” brand. The Essen-based company Pits­top, which is also family-run, is further expan­ding its network of around 330 auto­mo­tive service work­shops through this transaction.

In the past, Menold Bezler has frequently acted for Globus Fach­märkte, which also belongs to the Globus Group St. Wendel, in tran­sac­tions in the DIY sector. The mandate by Globus SB-Waren­haus Holding for a tran­sac­tion in the hyper­mar­ket sector, which has now taken place for the first time, builds on this successful cooperation.

Advi­sor Globus Group: Menold Bezler (Stutt­gart)
Dr. Jochen Stock­bur­ger (Part­ner, Lead, M&A/Real Estate), Dr. Axel Klumpp (Part­ner, M&A), Marc Ehrmann, LL.M. (Real Estate Law), Ralf-Diet­rich Ties­ler (Part­ner, Labor Law), Dr. Stefan Meßmer (Part­ner), Daniel Klass (both Anti­trust Law)

Inhouse Legal: Maiko Zimmer (Head of Legal, Lead, M&A, Anti­trust), Alex­an­der Zipfel (Head of Legal, Real Estate), Dr. Swantje Wahlen (Head of Legal, Labor Law)

About Menold Bezler
Menold Bezler is a part­ner­ship-struc­tu­red commer­cial law firm based in Stutt­gart. More than 120 profes­sio­nals offer legal advice, tax advice, audi­ting and busi­ness manage­ment advice from a single source. Our clients include well-known medium-sized compa­nies, listed corpo­ra­ti­ons, public compa­nies and non-profit orga­niza­ti­ons. More at www.menoldbezler.de.

News

Hamburg/ Miami — Allen & Overy LLP has advi­sed listed global tourism group TUI AG (TUI) on one of the largest tran­sac­tions in the cruise business.

TUI is contri­bu­ting its luxury cruise busi­ness bund­led in Hapag-Lloyd Crui­ses to TUI Crui­ses, the Hamburg-based 50:50 joint venture between TUI and Miami-based Royal Carib­bean Crui­ses (Royal Carib­bean). The tran­sac­tion is valued at €1.2 billion (exclu­ding net debt). The tran­sac­tion is still subject to custo­mary closing condi­ti­ons and appr­ovals from the rele­vant regu­la­tory autho­ri­ties and is expec­ted to close in the summer of 2020.

With the sale, TUI and Royal Carib­bean have also agreed to further expand their part­ner­ship by using the proven joint venture struc­ture of TUI Crui­ses for the luxury and expe­di­tion cruise segment in the future. The part­ner­ship combi­nes Royal Caribbean’s ship­buil­ding, opera­tio­nal and digi­tal exper­tise with TUI’s strong brand and distri­bu­tion power.

Hapag-Lloyd Crui­ses is part of the TUI Group’s cruise busi­ness and the leading provi­der of luxury and expe­di­tion crui­ses in German-spea­king count­ries. Curr­ently, the fleet consists of two luxury ships in the five-star plus cate­gory and three expe­di­tion ships. As part of the tran­sac­tion, there are also plans to expand the luxury and expe­di­tion fleet in the coming years, as demand for luxury and expe­di­tion crui­ses is expec­ted to conti­nue to grow.

Advi­sors to TUI AG: Allen & Overy LLP
Part­ner Dr. Helge Schä­fer (photo ) and Coun­sel Dr. Jonas Witt­gens (both lead) as well as Asso­cia­tes Louisa Graub­ner and Dr. Moritz Merke­nich (all Corporate/M&A, Hamburg), Part­ner Dr. Heike Weber and Asso­ciate Sven Bisch­off (both Tax, Frank­furt) as well as Part­ner Dr. Börries Ahrens and Senior Asso­ciate Dr. Ioan­nis Thanos (both Anti­trust, Hamburg). Part­ner Stephen Mathews (Corpo­rate, London) advi­sed on issues of British capi­tal markets law.

The tran­sac­tion was hand­led in-house at TUI by Marcus Beger and Mareike Acker­mann (both TUI Group Legal/M&A).

News

Hanover/ Frank­furt a. Main — HF Private Debt was advi­sed by Shear­man & Ster­ling on the finan­cing of the acqui­si­tion of a majo­rity stake in Elec­tric Paper Evalua­ti­ons­sys­teme GmbH (EPE), a leading specia­list in evalua­tion and audit soft­ware, by DRS Invest­ment.

Elec­tric Paper Evalua­ti­ons­sys­teme GmbH, based in Lüne­burg, Germany, is a leading provi­der of soft­ware solu­ti­ons for conduc­ting surveys that are auto­ma­ti­cally crea­ted, comple­ted and evaluated.

HF Debt GmbH, based in Hano­ver, Germany, is the exclu­sive advi­sor to the HF Private Debt Fund, SCSp, which specia­li­zes in provi­ding private debt finan­cing to middle-market compa­nies. With a clear focus on the DACH region, HF Debt invests in compa­nies with a history of seve­ral years in the case of growth finan­cing, succes­sion solu­ti­ons as well as buy-outs by private equity inves­tors. www.hf-debt.de.

Advi­sors HF Debt GmbH: Shear­man & Sterling
The team included part­ner Dr. Matthias Weis­sin­ger and asso­ciate Nils Holzg­refe (both Germany-Finance).

About Shear­man & Sterling
Shear­man & Ster­ling is an inter­na­tio­nal law firm with 23 offices in 13 count­ries and appro­xi­m­ately 850 lawy­ers. In Germany, Shear­man & Ster­ling is repre­sen­ted at the Frank­furt office. The firm is one of the inter­na­tio­nal market leaders in advi­sing on complex cross-border tran­sac­tions. World­wide, Shear­man & Ster­ling prima­rily advi­ses inter­na­tio­nal corpo­ra­ti­ons and large natio­nal compa­nies, finan­cial insti­tu­ti­ons, and large mid-sized compa­nies. www.shearman.com.

News

Munich — The law firm GOF Gütt Olk Feld­haus has advi­sed the tech­no­logy inves­tor LEA Part­ners, Karls­ruhe on the stra­te­gic invest­ment in Enscape GmbH. The foun­ders Thomas Will­ber­ger and Moritz Luck as well as High-Tech Grün­der­fonds remain share­hol­ders in Enscape.

Enscape, based in Karls­ruhe, Germany, is a leading provi­der of real-time 3D rende­ring and visua­liza­tion products for the archi­tec­ture, engi­nee­ring and cons­truc­tion indus­tries. Compa­nies from over 80 count­ries and 85% of the inter­na­tio­nally renow­ned TOP 100 archi­tec­ture firms use Enscape software.

LEA Part­ners, as an entre­pre­neu­rial equity part­ner, supports foun­ders and manage­ment teams at diffe­rent stages of deve­lo­p­ment in their growth and achie­ve­ment of a leading market posi­tion. GOF provi­ded legal support to LEA Part­ners in all phases of the tran­sac­tion process, inclu­ding finan­cing. Most recently, GOF advi­sed LEA Part­ners on the acqui­si­tion of a stake in Midoco Group in 2019.

Legal advi­sors LEA Part­ners: GOF Gütt Olk Feld­haus, Munich
Dr. Sebas­tian Olk, Photo (Part­ner, Corporate/M&A, Lead M&A), Dr. Tilmann Gütt (Part­ner, Banking/Finance, Lead), Thomas Becker (Of Coun­sel, IP/IT/Software), Isabelle Vran­cken, Dr. Marcel Schmidt, Karl Ehren­berg, LL.M., Chris­to­pher Ghabel

Flick Gocke Schaum­burg, Munich
Chris­tian Schatz (Part­ner, Tax Law), Corina Hack­barth (Asso­ciate Part­ner, Tax Law)

Stau­dacher Annuß Labor Law, Munich
Ingo Sappa (Part­ner, Labor Law), Dr. Felix Half­meier (Asso­ciate, Labor Law)

Barnes & Thorn­burg LLP, Chicago
Timo Rehbock (Part­ner, Corporate/M&A), Marga­rita Escalante (Corporate/M&A)

Legal advi­sors to the sellers: PwC Legal (Nurem­berg, Munich, Düsseldorf)
Gerhard Wacker (Part­ner, Corporate/M&A, Lead Partner)

About Gütt Olk Feldhaus
Gütt Olk Feld­haus is a leading commer­cial law firm based in Munich. The firm’s prac­tice areas are corpo­rate law, M&A, finance and liti­ga­tion with a focus on tran­sac­tions and inter­na­tio­nal aspects.

News

Stutt­gart / Venlo — The Stutt­gart invest­ment company Finexx conti­nues to imple­ment the plat­form stra­tegy for the BioneXX Holding conti­nues: As part of a succes­sion plan, the Group, with the support of its majo­rity share­hol­der Finexx, has acqui­red the company Feel­good Shop based in Venlo, the Nether­lands, was acqui­red. Guido Gmei­ner remains Mana­ging Direc­tor at the e‑commerce plat­form specia­li­zing in natu­ral and orga­nic food supple­ments. The sellers of the wholly owned shares are private investors.

Feel­good Shop B.V. was the first online store (www.feelgood-shop.com) for natu­ral nutri­ents in the German-spea­king count­ries when it was foun­ded in 2003 and is now one of the leading suppli­ers of high-quality, certi­fied orga­nic food supple­ments and vital subs­tances there. The product range mainly compri­ses quality products on a natu­ral basis — inclu­ding vitamins, mine­rals, super­foods, vital subs­tance concen­tra­tes, anti-aging and diet products, as well as sports nutri­tion such as muscle-buil­ding products. With around 20 employees, Feel­good Shop is growing steadily.

“We are plea­sed to have contin­ued to successfully execute our buy-and-build stra­tegy in the nutri­tio­nal supple­ments space and to have been able to support BioneXX in this important acqui­si­tion,” said Finexx CEO Matthias Heining. “The market for health-conscious, orga­nic-orien­ted nutri­tion is booming, and the excel­lently posi­tio­ned Feel­good Shop will give BioneXX a new boost in growth, espe­ci­ally in online sales.” The invest­ment company Finexx, which supports medium-sized compa­nies in their growth with capi­tal, know-how and an exten­sive network, has built up a leading plat­form for certi­fied orga­nic and orga­nic food supple­ments in Europe under the umbrella of BioneXX Holding in recent years. The basis for this was the majo­rity share­hol­ding in the renow­ned GSE Vertrieb Biolo­gi­sche Nahrungs­er­gän­zungs- und Heil­mit­tel GmbH and natu­rity Vertriebs­ge­sell­schaft mbH at the end of 2018. In the mean­time, the former L’Oréal-LOGO­COS brand FITNE Health Care and JUVENTA Health­care also belong to the group.

The new part­ner­ship with Feel­good Shop is inten­ded to streng­then product deve­lo­p­ment in the BioneXX Group, bundle purcha­sing and logi­stics compe­ten­cies, and expand online sales capa­ci­ties. Total sales at BioneXX are expec­ted to be around 20 million euros in 2020. For Feel­good Shop, the focus is on lever­aging previously untap­ped sales poten­tial in addi­tio­nal Euro­pean markets, while meeting the steadily growing demand for health-main­tai­ning and health-promo­ting products with an even broa­der and bio-focu­sed product portfolio.

A CMS team led by lead part­ners Dr. Hendrik Hirsch and Dr. Heike Wagner provi­ded compre­hen­sive legal advice to the share­hol­ders of Feel­good Shop on the struc­tu­ring, nego­tia­tion and tax struc­tu­ring of the transaction.

About Finexx
Finexx GmbH Unter­neh­mens­be­tei­li­gun­gen, based in Stutt­gart, is a consul­ting company foun­ded in 2013 that specia­li­zes in estab­lished medium-sized compa­nies. Typi­cal fields of acti­vity are growth invest­ment and acqui­si­tion finan­cing as well as the support of chan­ges in the share­hol­der struc­ture and succes­sion plan­ning. Finexx invests long-term funds (equity capi­tal of between 5 and 50 million euros), mainly in the form of majo­rity share­hol­dings, in compa­nies from the German-spea­king region, inclu­ding insu­rance compa­nies and pension funds. These have sales of EUR 10 million or more, a quali­fied manage­ment team, and can demons­trate sustainable earnings power and cash flow based on a successful busi­ness model.

The team has many years of indus­trial and manage­ment expe­ri­ence as well as profound know-how in the invest­ment sector — both are brought to bear for the successful further deve­lo­p­ment of compa­nies and in the asso­cia­ted change proces­ses. Finexx supports manage­ment by provi­ding active commer­cial and tech­ni­cal advice without inter­fe­ring with day-to-day opera­ti­ons, as well as a cross-indus­try network.
www.finexx.de

News

Zurich — Zurich-based startup 9T Labs is focu­sing on carbon 3D prin­ting and offers retro­fit kits for commer­ci­ally available 3D prin­ters to enable them to print from carbon. The company has now recei­ved finan­cing of 3.9 million euros. In addi­tion to exis­ting inves­tor Wing­man Ventures, new inves­tors such as the Swiss VCs Inves­tiere and Tech­no­logy Fund also parti­ci­pa­ted in the round. 9T Labs is also supported by the Euro­pean Space Agency Esa.

All-in-one solu­tion for carbon fiber 3D printing
A spin-off of ETH Zurich, Switz­er­land, 9T Labs was co-foun­ded by Ches­ter Houwink, Giovanni Cavo­lina and Martin Eichen­ho­fer in 2018. The company’s mission state­ment is to make “carbon fiber compo­site mate­ri­als as acces­si­ble as ordi­nary metal mate­ri­als” through 3D prin­ting. 9T Labs aims to achieve this goal by provi­ding an inte­gra­ted work­flow for produ­cing carbon fiber compo­site parts. Included in this work­flow is an all-in-one solu­tion of soft­ware, 3D prin­ting tech­no­logy, and post-proces­sing capabilities.

Curr­ently, in deve­lo­p­ment, 9T Labs’ tech­no­logy includes its Fibrify soft­ware, which allows users to moni­tor their 3D prin­ting acti­vity and opti­mize fiber place­ment accor­ding to the load case. The company is also deve­lo­ping its 3D prin­ter for carbon fiber compo­site produc­tion, known as the Red Series. It compri­ses two units: an FDM 3D prin­ter, equip­ped with a paten­ted prin­thead for conti­nuous carbon fiber produc­tion, and a system for post-proces­sing, named the Fusion Unit. With its 3D prin­ting tech­no­logy, 9T Labs claims that uses can produce carbon fiber parts with less than two percent void content, and up to sixty percent volu­metric carbon compo­site content.

9T Labs has also deve­lo­ped what is known as the Carbon­Kit. An add-on for FDM 3D prin­ters, the Carbon­Kit is made up of a carbon fiber PA12 spool, mate­rial box and prin­thead with dual extru­sion, provi­ding exis­ting machi­nes with carbon fiber 3D prin­ting capa­bi­li­ties. Thanks to its tech­no­logy, 3D Prin­ting Indus­try listed 9T Labs as one of the 3D prin­ting start­ups to watch at the MUST 3D Prin­ting event in 2018. In 2019, 9T Labs was also short­lis­ted for Startup of the Year at the 3D Prin­ting Indus­try Awards. (Source: https://3dprintingindustry.com)

News

Munich — Liberta Part­ners, a Munich-based multi-family holding company, is acqui­ring Ameropa, a subsi­diary of Deut­sche Bahn (DB). Liberta Part­ners invests speci­fi­cally in compa­nies with future poten­tial in German-spea­king count­ries and supports them in the further deve­lo­p­ment of their busi­ness models. ARQIS advi­sed Liberta Part­ners on the acqui­si­tion of Ameropa. Both parties have agreed not to disc­lose the purchase price.

Ameropa, based in Bad Homburg near Frank­furt am Main, is a specia­list provi­der of short and rail adven­ture trips with 120 employees and around 500,000 custo­mers. The close coope­ra­tion between Ameropa and Deut­sche Bahn will conti­nue after the sale until further notice. Ameropa trips are offe­red in around 7,000 travel agen­cies and about 400 DB travel centers, as well as via the company’s own website and bahn.de.

“Ameropa conti­nues to stand for vaca­tion by rail. Many Ameropa custo­mers are rail custo­mers and we want even more to become so. We also pursued the claim of climate-friendly travel in our search for a suita­ble buyer and are very much looking forward to now conti­nuing the Ameropa success story with Liberta Part­ners,” says Dr. Michael Peter­son, CEO of DB Fernverkehr.

“Ameropa is a tradi­tio­nal company with strong part­ner­ships and inte­res­t­ing growth poten­tial,” said Nils von Wietz­low, part­ner at Liberta Part­ners. “Short city breaks and adven­ture trips are enjoy­ing high demand, and travel by rail is beco­ming incre­asingly popu­lar against the back­drop of the climate debate.”

Florian Korp (photo), part­ner at Liberta Part­ners, explai­ned, “We will help Ameropa realize its poten­tial, expand exis­ting part­ner­ships and deve­lop even more inno­va­tive offerings.”

“I’m looking forward to the new colla­bo­ra­tion with Liberta Part­ners and the remai­ning part­ner­ship with the rail­road,” says Kai de Graaff, who has led Ameropa as mana­ging direc­tor for seven years and will remain with the company in that capa­city, “toge­ther we’re taking Ameropa forward in a decisive way.”

Advi­sors to Liberta Part­ners: ARQIS Rechts­an­wälte (Düsseldorf/Munich)
Mauritz von Einem (Lead; Corporate/M&A and Tax), Dr. Mirjam Boche (Corporate/M&A and W&I), Johan­nes Landry (Corporate/M&A), Marcus Noth­hel­fer (IP), Chris­tian Wege­ner (Tax); Asso­cia­tes: Benja­min Wolf­gang Bandur (Corporate/M&A)

About Ameropa
Ameropa-Reisen GmbH offers travel modu­les and package tours mainly for short city trips (2–4 days) by train in Germany and the DACH region. The offers consist mainly of hotel, travel and enter­tain­ment (musi­cals, concerts, sight­see­ing, etc.). Inter­na­tio­nal offers for luxury and special trains repre­sent another service segment. The company offers its products through part­ner­ships with other tour opera­tors and travel agen­cies (statio­nary and online) as well as through its own sales chan­nels (ameropa.de and its own call center). For more infor­ma­tion, visit: https://www.ameropa.de

About Liberta Partners
Liberta Part­ners was foun­ded in 2016 and is a multi-family holding company based in Munich. Liberta Part­ners invests in compa­nies in German-spea­king count­ries with a clear opera­tio­nal and stra­te­gic deve­lo­p­ment poten­tial, espe­ci­ally in corpo­rate spin-offs and succes­sion situa­tions. These are actively deve­lo­ped within the long-term “100% Core& Care” concept and bene­fit from the inno­va­tive entre­pre­neu­rial under­stan­ding of Liberta Part­ners. The Liberta Part­ners team consists of profes­sio­nals from M&A, Opera­ti­ons and Legal. www.liberta-partners.com

About ARQIS
ARQIS is an inde­pen­dent busi­ness law firm opera­ting in Germany and Japan. The firm was foun­ded in 2006 at its current offices in Düssel­dorf, Munich and Tokyo. Around 45 profes­sio­nals advise dome­stic and foreign compa­nies at the highest level on the core issues of German and Japa­nese busi­ness law. The focus is on M&A, corpo­rate law, private equity, venture capi­tal, employ­ment law, private clients, intellec­tual property, liti­ga­tion as well as real estate law and tax law. www.arqis.com.

News

Frank­furt a. Main — Baker McKen­zie has advi­sed Berlin-based tech subscrip­tion service Grover on the closing of an asset-based finan­cing. An exis­ting debt finan­cing from Varen­gold Bank AG will be increased to €250 million. With the fresh capi­tal, the Circu­lar Economy company is ushe­ring in the next major phase of growth.

“With the successful closing of the finan­cing round, we were able to support our client in the imple­men­ta­tion of its growth stra­tegy and the further expan­sion of its product port­fo­lio,” commen­ted Dr. Patrick Mitt­mann, the lead part­ner at Baker McKen­zie on the transaction.

Varen­gold Bank AG is a German credit insti­tu­tion that was foun­ded in 1995 and since 2013 has had
has a full banking license. In addi­tion to its head­quar­ters in Hamburg, the bank main­ta­ins bran­ches in
in London and Sofia. The core busi­ness areas are Market­place Banking and Tran­sac­tion Banking.
(Commer­cial Banking), the focus is on coope­ra­tion with Euro­pean fintechs, espe­ci­ally lending plat­forms. The port­fo­lio offe­red includes funding, debt and equity capi­tal markets products, fron­ting services of products requi­ring a banking license and inter­na­tio­nal payment services.

Grover (Grover.com) is one of the Euro­pean market leaders in consu­mer elec­tro­nics rental commerce. As a pioneer of the Access Economy, Grover offers its custo­mers access to the latest tech­no­logy in a flexi­ble, monthly subscrip­tion model. Both consu­mers and busi­nesses can choose from more than 2,000 tech products — from smart­phones and laptops to gaming, VR and smart home gadgets. They bene­fit from special flexi­bi­lity and full usage rights for a frac­tion of the purchase price. Grover’s service allows its users to keep, change, buy or return products depen­ding on their indi­vi­dual needs. Grover rents products in Germany via its own plat­form (Grover.com) and its broad online and offline part­ner network, which includes Europe’s leading elec­tro­nics retail group Media­Markt­Sa­turn as well as Gravis, Conrad and others.

Baker McKenzie’s Banking & Finance team provi­des ongo­ing support for a large number of German and inter­na­tio­nal loan finan­cings. Regu­lar clients include ING Bank, DZ Bank, LBBW, Commerz­bank, MUFG, UBS, BNPP, DEKA, SCB, RBS and Berlin Hyp.

Legal advi­sor Grover: Baker McKenzie
Lead: Banking & Finance: Dr. Patrick Mitt­mann (Part­ner, Frankfurt)
Other lawy­ers invol­ved: Banking & Finance: Kath­rin Marchant (Part­ner, Frank­furt), Dr. Robert Wippel (Coun­sel, Vienna)

About Baker McKenzie
Baker McKen­zie advi­ses clients to successfully deal with the chal­lenges of globa­liza­tion. We solve complex legal problems across natio­nal borders and legal fields. Our unique culture — grown over 70 years — enables our 13,000 employees to under­stand local markets while opera­ting inter­na­tio­nally. We use the trus­ting and friendly coope­ra­tion in our inter­na­tio­nal network for the bene­fit of our clients.

In Germany, around 200 lawy­ers with proven profes­sio­nal exper­tise and inter­na­tio­nal expe­ri­ence repre­sent the inte­rests of their clients at the offices in Berlin, Düssel­dorf, Frankfurt/Main and Munich. As one of the leading German law firms, Baker McKen­zie advi­ses natio­nal and inter­na­tio­nal compa­nies and insti­tu­ti­ons in all areas of commer­cial law.

News

Bochum — Grün­der­fonds Ruhr, NRW.BANK and High-Tech Grün­der­fonds (HTGF) invest a seven-figure sum in VISUS Indus­try IT. With its JiveX NDT test data and report manage­ment system, the start-up from Bochum digi­ti­zes indus­trial test proces­ses end-to-end; results can be archi­ved in a stan­dar­di­zed manner.

In quality assu­rance, mate­ri­als test­ing, inspec­tion and main­ten­ance of safety-rele­vant compon­ents or systems, digi­tal work is still not used throug­hout. In many cases, test results are only available on paper or, in the field of radio­gra­phy, on analog X‑ray film. This important data about the inter­nal condi­tion of compon­ents or systems is ther­e­fore not available to further (digi­tal) systems.

This is exactly where VISUS Indus­try IT comes in with JiveX NDT and closes exis­ting gaps between inspec­tion plan­ning systems of quality assu­rance, main­ten­ance and inspec­tion. Images, test reports and test docu­ments are stored in JiveX NDT in an audit-proof, but above all stan­dar­di­zed DICONDE format. The struc­tu­red data pool in JiveX is thus a quali­fied basis for teaching arti­fi­cial intel­li­gence systems.

In a pilot project, JiveX NDT successfully trai­ned an arti­fi­cial intel­li­gence to evaluate welds. The cumu­la­tive detec­tion rate of multi­ple error types was over 90%. With the JiveX NDT system, VISUS Indus­try IT wants to support inspec­tors and testers in the daily evalua­tion of test results, inte­grate IT systems and test equip­ment, and be the audit-proof archive and data pool for arti­fi­cial intel­li­gence systems.

About VISUS Indus­try IT GmbH
VISUS Indus­try IT GmbH is a spin-off of VISUS Health IT GmbH from the health­care sector. After evalua­ting the indus­trial market, VISUS Indus­try IT was foun­ded in Janu­ary 2018 and took over the soft­ware licen­ses for the JiveX system estab­lished in medi­cine from the parent company for use in indus­try. After successful adapt­a­ti­ons and exten­si­ons of the soft­ware, VISUS Indus­try IT has a product ready for sale. The inves­tors’ money will be used to invest in the further deve­lo­p­ment of JiveX NDT and, in parti­cu­lar, in sales and marke­ting. Custo­mers from the energy, oil & gas, mecha­ni­cal engi­nee­ring and test­ing services sectors have alre­ady been acqui­red. More custo­mers, inclu­ding in the chemi­cal, auto­mo­tive and aero­space sectors, are expec­ted to follow in 2020.

About the Grün­der­fonds Ruhr
The Grün­der­fonds was initia­ted jointly by Initia­tiv­kreis Ruhr and NRW.BANK and is the first private-sector early-stage fund in the Ruhr region finan­ced by regio­nal indus­trial and finan­cial compa­nies. The fund invests in inno­va­tive and tech­no­logy-orien­ted compa­nies from the life science & health, digi­tal economy, chemi­cals & new mate­ri­als, energy & indus­try, and logi­stics & trade sectors. Prere­qui­si­tes are good growth and exit pros­pects as well as compe­tent manage­ment. As a multi-corpo­rate early-stage fund, it also opens up key indus­try access points for the respec­tive port­fo­lio companies.

About NRW.BANK
NRW.BANK is the deve­lo­p­ment bank for North Rhine-West­pha­lia. It supports its owner, the state of NRW, in its struc­tu­ral and econo­mic policy tasks. In its three promo­tion fields “Economy”, “Housing” and “Infrastructure/Municipalities”, NRW.BANK uses a broad range of promo­tion instru­ments: from low-inte­rest deve­lo­p­ment loans to equity finan­cing and advi­sory services. It works toge­ther with all banks and savings banks in NRW on a compe­ti­tion-neutral basis. In its promo­tion acti­vi­ties, NRW.BANK also takes into account exis­ting offers from the fede­ral govern­ment, the state and the Euro­pean Union.

About High-Tech Grün­der­fonds (HTGF)
The seed inves­tor High-Tech Grün­der­fonds (HTGF) finan­ces tech­no­logy start­ups with growth poten­tial. With a total volume of EUR 895.5 million distri­bu­ted across three funds and an inter­na­tio­nal part­ner network, HTGF has alre­ady supported more than 560 start­ups since 2005. His team of expe­ri­en­ced invest­ment mana­gers and startup experts supports the young compa­nies with know-how, entre­pre­neu­rial spirit and passion. The focus is on high-tech start-ups in the soft­ware, media and Inter­net sectors, as well as hard­ware, auto­ma­tion, health­care, chemi­cals and life scien­ces. More than EUR 2 billion in capi­tal has been inves­ted in the HTGF port­fo­lio by exter­nal inves­tors in more than 1,400 follow-on finan­cing rounds to date. The fund has also successfully sold shares in more than 100 companies.

Inves­tors in the public-private part­ner­ship include the German Fede­ral Minis­try for Econo­mic Affairs and Energy, KfW Capi­tal, the Fraun­ho­fer-Gesell­schaft and the busi­ness enter­pri­ses ALTANA, BASF, Bayer, Boeh­rin­ger Ingel­heim, B.Braun, Robert Bosch, BÜFA, CEWE, Deut­sche Post DHL, Dräger, Dril­lisch AG, EVONIK, EWE AG, FOND OF, Haniel, Hettich, Knauf, Körber, LANXESS, media + more venture Betei­li­gungs GmbH & Co. KG, PHOENIX CONTACT, Post­bank, QIAGEN, RWE Gene­ra­tion SE, SAP, Schufa, Schwarz Gruppe, STIHL, Thüga, Vector Infor­ma­tik, WACKER and Wilh. Werhahn KG.

News

Frank­furt, a. Main — Baker McKen­zie advi­sed AURELIUS Equity Oppor­tu­ni­ties SE & Co. KGaA on the sale of its subsi­diary GHOTEL hotel & living to Colo­gne-based Art-Invest Real Estate Group. The purchase price was 63 million euros inclu­ding trai­ling compon­ents. The closing of the tran­sac­tion is still plan­ned for the first quar­ter of 2020.

The GHOTEL Group has been part of the AURELIUS Group port­fo­lio since 2006 and during this time has deve­lo­ped into a rapidly growing, dyna­mic opera­tor of busi­ness hotels with curr­ently 17 loca­ti­ons and a further seven plan­ned openings by 2023.

Baker McKen­zie advi­sed compre­hen­si­vely on all legal aspects of the sale in the context of an auction process.

AURELIUS Equity Oppor­tu­ni­ties has many years of invest­ment and manage­ment expe­ri­ence in various indus­tries and sectors. When acqui­ring its Group compa­nies, it concen­tra­tes on iden­ti­fy­ing, analy­zing, buil­ding up and exploi­ting oppor­tu­ni­ties available on the market. By deploy­ing manage­ment capa­ci­ties and the neces­sary finan­cial resour­ces for invest­ments, the AURELIUS Group conti­nues to deve­lop its subsi­dia­ries. AURELIUS opera­tes world­wide. The shares of AURELIUS Equity Oppor­tu­ni­ties SE & Co. KGaA are traded on all German stock exch­an­ges (ISIN: DE000A0JK2A8, stock exch­ange symbol: AR4).

Art-Invest Real Estate is a long-term orien­ted inves­tor, asset mana­ger and project deve­lo­per of real estate in good loca­ti­ons with value crea­tion poten­tial. The focus is on metro­po­li­tan regi­ons in Germany, Austria and the UK. Art-Invest Real Estate pursues a “manage to core” invest­ment stra­tegy with insti­tu­tio­nal inves­tors, selec­ted joint venture part­ners, and its own capi­tal. Invest­ments span the full spec­trum of returns and risks in office, down­town retail, hotel, resi­den­tial and data center sectors.

Baker McKenzie’s Corporate/M&A team regu­larly advi­ses on dome­stic and inter­na­tio­nal tran­sac­tions and restruc­tu­rings. Most recently, Baker McKen­zie advi­sed, for exam­ple, Bayer on the sale of its Currenta shares to Macqua­rie Infra­struc­ture and Real Assets, METRO on the sale of its retail busi­ness in China, Ever­g­rande Health on a joint venture with hofer power­train, SPIE on the acqui­si­tion of OSMO, Toppan Prin­ting Co. Ltd. on the acqui­si­tion of the German Inter­print Group and Evonik on the sale of its methacry­la­tes group to Advent International.

Legal advi­sor to AURELIUS Equity Oppor­tu­ni­ties SE & Co. KGaA: Baker McKenzie
Lead: Corporate/M&A: Dr. Heiko Gotsche, Photo (Part­ner, Düsseldorf)
Other lawy­ers invol­ved: Corporate/M&A: Julia Braun (Coun­sel, Munich), Dr. Katja Heuter­kes (Coun­sel, Munich), Dr. Daniel Bork (Senior Asso­ciate, Düssel­dorf), Cosima König-Mancini (Asso­ciate, Düssel­dorf), Dr. Julia Rossié (Asso­ciate, Munich)
IP: Andreas Jauch (Senior Asso­ciate, Frankfurt)
IT: Dr. Holger Lutz (Part­ner, Frank­furt), Simone Bach (Senior Asso­ciate, Frankfurt)
Banking & Finance: Dr. Oliver Socher (Part­ner, Frank­furt), Silke Fritz (Asso­ciate, Frankfurt)
Tax: Sonja Klein (Part­ner, Frank­furt), Ariane Schaaf (Coun­sel, Frankfurt)
Employ­ment: Dr. Anna Böhm (Coun­sel), Agnes Herwig (Asso­ciate, Frank­furt), Dr. Felix Diehl (Asso­ciate, Frank­furt), Corne­lius Zieg­ler (Asso­ciate, Frankfurt)
Commer­cial: Katha­rina Spen­ner (Part­ner, Munich), Brigitte Estner (Asso­ciate, Munich), Rebecca Romig (Asso­ciate, Frankfurt)
Public Law: Dr. Marc Gabriel (Part­ner, Berlin), Dr. Janet Butler (Coun­sel, Berlin), Dr. Claire Dietz-Polte (Senior Asso­ciate, Berlin), Vivien Vacha (Asso­ciate, Berlin)

About Baker McKenzie
Baker McKen­zie advi­ses clients to successfully deal with the chal­lenges of globa­liza­tion. We solve complex legal problems across natio­nal borders and legal fields. Our unique culture — grown over 70 years — enables our 13,000 employees to under­stand local markets while opera­ting inter­na­tio­nally. We use the trus­ting and friendly coope­ra­tion in our inter­na­tio­nal network for the bene­fit of our clients.

In Germany, around 200 lawy­ers with proven profes­sio­nal exper­tise and inter­na­tio­nal expe­ri­ence repre­sent the inte­rests of their clients at the offices in Berlin, Düssel­dorf, Frankfurt/Main and Munich. As one of the leading German law firms, Baker McKen­zie advi­ses natio­nal and inter­na­tio­nal compa­nies and insti­tu­ti­ons in all areas of commer­cial law.

News

Nurem­berg, Germany — Shear­man & Ster­ling advi­sed SCHEMA Group, a port­fo­lio company of IK Invest­ment Part­ners, on the finan­cing of the acqui­si­tion of Docware GmbH. Follo­wing the acqui­si­tion of TID Infor­ma­tik in April 2019, SCHEMA’s port­fo­lio will thus be expan­ded once again to include a manu­fac­tu­rer of a service infor­ma­tion system.

Docware GmbH, based in Fürth, Germany, is a specia­list in the deve­lo­p­ment and imple­men­ta­tion of soft­ware solu­ti­ons for after-sales service and spare parts manage­ment. With its stan­dard PARTS-PUBLISHER soft­ware, a modu­lar spare parts cata­log soft­ware, Docware holds a leading posi­tion in the market for elec­tro­nic parts cata­logs and digi­tal service infor­ma­tion systems.

SCHEMA GmbH was foun­ded in 1995 and is a medium-sized soft­ware manu­fac­tu­rer from Nurem­berg. It deve­lops compo­nent content manage­ment and content deli­very solu­ti­ons for edito­rial teams that create product-rela­ted content. Soft­ware from SCHEMA GmbH supports compa­nies in describ­ing complex products and produ­cing and distri­bu­ting these descrip­ti­ons on various media.

Advi­sor SCHEMA Group: Shear­man Sterling
The Shear­man & Ster­ling team included part­ners Winfried M. Carli and Andreas Breu (both Germany-Finance).

About Shear­man & Sterling
Shear­man & Ster­ling is an inter­na­tio­nal law firm with 23 offices in 13 count­ries and appro­xi­m­ately 850 lawy­ers. In Germany, Shear­man & Ster­ling is repre­sen­ted at the Frank­furt office. The firm is one of the inter­na­tio­nal market leaders in advi­sing on complex cross-border tran­sac­tions. World­wide, Shear­man & Ster­ling prima­rily advi­ses inter­na­tio­nal corpo­ra­ti­ons and large natio­nal compa­nies, finan­cial insti­tu­ti­ons, and large mid-sized compa­nies. For more infor­ma­tion, visit www.shearman.com.

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