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Practice Experience
Nicholas Marchica is an associate in the Mergers and Acquisitions Practice Group, and is resident in the New York office. Mr. Marchica regularly represents domestic and international corporations, private equity funds and commercial banks on domestic, cross-border and global mergers and acquisitions, joint ventures, "going private" transactions and equity investments and divestments across a broad range of industries, with an emphasis on energy M&A. He also provides general corporate and corporate governance advice and has experience advising on US securities law compliance matters in connection with insider filings.
Recent transactions include the representation of:
- Private equity firm Quad-C Management, Inc. in the sale of the controlling interest in NuSil Technology, a manufacturer of silicone compounds for the healthcare, aerospace, defense and photonics industries;
- Private equity firm Harvest Partners, Inc. in its acquisition of Packers Holdings, LLC, North America’s largest and only nationwide provider of mission-critical outsourced cleaning and sanitation services to the food processing industry;
- Harbinger Capital Partners and its portfolio company, Kelson Limited Partnership, in the sale of its Cottonwood Generation Facility, a 1279 MW gas-fired combined-cycle power plant located in and around Newton County, Texas, to NRG South Central Generating, LLC;
- Harbinger Capital Partners and its portfolio company, Kelson Canada, in the sale of Island Generation Facility, a 275 MW gas-fired combined cycle power plant located in Campbell River, British Columbia, to Capital Power, L.P.;
- Nuclear Innovation North America LLC ("NINA"), the nuclear development company jointly owned by NRG Energy, Inc. and Toshiba Corporation, in a US$155 million agreement with The Tokyo Electric Power Company ("TEPCO") to invest in two new nuclear units being built at the South Texas Project near Houston, Texas;
- LS Power in connection with the LS Power-SWIP project, involving the development of a 500-mile, 500-kilovolt transmission line that will extend from southern Idaho to eastern Nevada;
- Harbinger Capital Partners and its portfolio company, Kelson Canada, in its sale of the 300 MW combined cycle (cogeneration) Calgary Energy Center Project;
- Ospraie Special Opportunities Fund in its sale of Core Metals Group, LLC, one of North America's largest producers and marketers of high-purity ferrosilicon and other specialty steel ingredients, to Globe Specialty Metals, Inc.;
- TowerBrook Capital Partners L.P. and Deutsche Bank Trust Company Americas in their out-of-court debt and equity restructuring of Wilton Brands Inc.;
- Tyco Electronics Ltd. in its US$100 million sale of its Power Systems business to The Gores Group, a Los Angeles-based private equity firm;
- Royal Ahold in its US$7.1 billion sale of U.S. Foodservice to a private equity consortium consisting of Kohlberg Kravis Roberts & Co. LP ("KKR") and Clayton, Dubilier and Rice;
- Quad-C Management in connection with several recent portfolio company sponsor-to-sponsor sales including its sale of Universal Fibers to The Sterling Group and Polaris Pools to Zodiac;
- Quad-C Management in its acquisitions of Augusta Sportswear Holdings and Balboa Instruments;
- Barry Callebaut, the world's largest manufacturer of high-quality cocoa, industrial chocolate and confectionery products, in its acquisition of a cocoa bean processing plant in Pennsylvania;
- Barry Callebaut in its strategic supply and innovation partnership with The Hershey Company;
- NSG America in the management buyout (MBO) of NSG Group's Telecommunication Device division within NSG's Specialty Glass Business line to create Go!Foton Holdings, Inc.;
- BlackSwan Partners in its Series D round investment in Ali Wing Inc., operator of the Giggle chain of retail stores that sell newborn and infant products;
- IRMC Holdings, Inc. in its out-of-court debt and equity restructuring and the subsequent sale of IRMC to Guggenheim Partners;
- Red Diamond Capital, an affiliate of Mitsubishi Corporation, in its acquisition of the automotive division of Avon Rubber;
- Pitney Bowes Inc. in its US$1.2 billion sale of its capital services external financing business to an affiliate of Cerberus Capital Management;
- Pitney Bowes Inc. in the sale of its Imagistics leasing portfolio to a subsidiary of Rabobank;
- Pitney Bowes Inc. in the proposed tax-free sponsored spin-off of its capital services external financing business with Cerberus Capital Management as the sponsor;
- iPayment, a provider of credit and debit card-based payment processing services, in its US$950 million going private transaction;
- Bowne & Co., Inc., the world's largest financial printer, in its auction process and subsequent sale of its subsidiary, Bowne Global Solutions, to Lionbridge Technologies, Inc. in a US$180 million cash merger;
- Castle Harlan, Inc. in the going private acquisition of Morton's Restaurant Group, Inc.; and
- Harvest Partners, Inc. in its acquisition of Arbonne and Levlad.
Bars and Courts
New York State Bar, 2004
Education
JD, Fordham University School of Law, 2003 BA, University of Maryland, with honors, 2000
Professional Associations and Memberships
New York State Bar Association American Bar Association
Publications
Co-author, "Country Q&A—United States," PLC Cross-Border Private Equity Handbook, 2008/2009 (with John Reiss, Daniel M. Latham, David A. Goldstein, Nicola Rosenstock, Andrew Oringer, Jeremy Naylor, Gerard H. Uzzi and Joseph H. Brazil)
Languages
English
Citizenship
United States
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