Patti J. Marks
Patti Marks is a counsel and a member of the M&A Group, the Capital Markets Group and the US Public Company Advisory Group. Her practice includes corporate finance, securities and mergers and acquisitions matters. Ms. Marks has extensive experience representing both issuers and underwriters in public and private debt and equity offerings. Ms. Marks also has extensive experience structuring and advising investment banks and issuers on liability management transactions, focusing on corporate debt restructurings involving issuer buy-backs of outstanding debt securities and consent solicitations. In addition, Ms. Marks regularly advises corporate and investment banking clients in connection with mergers and acquisitions and general corporate and securities laws matters.
Recent matters include the representation of:
- Macquarie Infrastructure Holdings (NYSE: MIC), on the sale of the MIC Hawaii businesses, a regulated gas utility and unregulated propane distributor, to an affiliate of Argo Infrastructure Partners, LP., by means of a merger of Macquarie Infrastructure Holdings, LLC with a subsidiary of Argo.
- Macquarie Infrastructure Corporation (NYSE: MIC) and its related entities in the US$4.475 billion sale of its Atlantic Aviation business to KKR (NYSE: KKR).
- Falcon Capital Acquisition Corp. (NASDAQ: FCAC), a SPAC, in its US$3.9 billion business combination with Sharecare, Inc., a digital health company based in Georgia.
- CM Life Sciences II (NASDAQ: CMII), a SPAC sponsored by affiliates of Casdin Capital, LLC and Corvex Management LP, in its US$1.23 billion business combination with SomaLogic, Inc., a protein biomarker discovery and clinical diagnostics company.
- Deerfield Healthcare Technology Acquisitions Corp. (NASDAQ: DFHT), a SPAC, in its US$614 million business combination with CareMax Medical Group, L.L.C. and IMC Medical Group Holdings LLC, creating a technology-enabled care platform providing value-based care and chronic disease management to seniors.
- Lantheus Holdings, Inc. (NASDAQ: LNTH), a leader in the development, manufacture and commercialization of innovative diagnostic imaging agents and products, in its US$500 million acquisition of Progenics Pharmaceuticals, Inc. (NASDAQ: PGNC), an oncology company developing innovative medicines and artificial intelligence to find, fight and follow cancer.
- Sony Corporation of America, a subsidiary of Sony Corporation, in its investment of approximately US$400 million in Bilibili Inc., a China-based provider of online entertainment services, through subscription of new shares.
- FS Development Corp. II (NASDAQ: FSII), a SPAC, in its US$276.2 million business combination with Pardes Biosciences, Inc., an early stage biopharmaceutical company developing a potential direct-acting, oral antiviral drug to treat and prevent SARS-CoV-2 infections.
- FS Development Corp. (NASDAQ: FSDC), a SPAC, in its US$216 million business combination with Gemini Therapeutics, Inc., a clinical stage precision medicine company developing treatments for genetically defined age-related macular degeneration.
- Avast plc (LSE: AVST), one of the world's largest cybersecurity companies, on the carve-out disposal of its Family Safety Mobile Business to Smith Micro Software, Inc. (NASDAQ: SMSI).
- EchoStar Corporation (NASDAQ: SATS), a premier global provider of satellite and video delivery solutions in the tax-free spin-off and subsequent merger of its broadcast satellite service business, including nine satellites and certain real estate owned by EchoStar, with a subsidiary of DISH Network Corporation (NASDAQ: DISH).
- LifePoint Health, Inc. (NASDAQ: LPNT) in its US$5.6 billion merger with RCCH HealthCare Partners, which is owned by certain funds managed by affiliates of Apollo Global Management, LLC (NYSE: APO).
- ETF Securities Ltd. in the sale of its European commodities exchange traded fund business to Wisdom Tree in a US$611 million cash and stock transaction.
- Summit Partners LP and other shareholders of Advance-Medical Health Care Management in the sale of the entire share capital of Advance-Medical Health Care Management to Teladoc, Inc. for an aggregate purchase price of US$340 million, which was settled largely through cash and additional new shares in Teladoc, Inc.
- The Walt Disney Company in its offering and sale of C$1.25 billion aggregate principal amount of its 2.875% Notes due 2024.
- The Walt Disney Company in its offering and sale of US$500 million 2.125% Notes due 2022 and listed on the Luxembourg Stock Exchange.
- The Walt Disney Company with respect to its medium term note and commercial paper programs.
- Zimmer Holdings, Inc. (NYSE and SIX: ZMH), a world leader in musculoskeletal health solutions, in its US$13.35 billion deal to acquire Biomet, Inc., one of the world's leading medical device manufacturers.
- Macquarie Infrastructure Corporation in its offering and sale of US$350 billion aggregate principal amount of its 2.00% Convertible Senior Notes due 2023 in an underwritten public offering.
- LifePoint Health, Inc. in its offering of US$500 million aggregate principal amount of its 5.375% Senior Notes due 2024 through a private offering.
- The underwriters in a US $1.5 billion aggregate principal amount offering of CVS Caremark Corporation's 2.250% Senior Notes due 2019 and 3.375% Senior Notes due 2024.
Prior to joining White & Case, Ms. Marks represented:
- Omnicare, Inc. in its offering of US$500 million 3.75% Convertible Senior Subordinated Notes due 2025.
- Barclays Capital and Goldman Sachs in connection with Dine Equity, Inc.'s private offering of US$825 million 9.5% Senior Notes due 2018 and in related tender offers and consent solicitations, in connection with a US$1.6 billion refinancing by Dine Equity.
- LifePoint Hospitals, Inc. in its offering of US$400 million 6.625% Senior Notes due 2020, the company's inaugural high-yield notes offering.
- Johnson & Johnson in its US$1.1 billion dual-tranche senior notes offering, comprising US$550 million 2.95% notes due 2020 and US$550 million 4.50% notes due 2040.
- Central European Distribution Corporation in concurrent equity and senior secured high-yield notes offerings, aggregating US$1.2 billion in proceeds, comprising 10.25 million shares of common stock, $380 million 9.125% senior secured notes due 2016 and €380 million 8.875% senior secured notes due 2016, to finance, among other things, the acquisition of the Russian Alcohol Group.
- Omnicare, Inc. in a US$2.3 billion financing to fund its acquisition of Neighborcare, Inc., consisting of 30-year contingent convertible bonds, high-yield bonds and common stock.
- The underwriters for offerings aggregating US$2 billion in principal amount of senior notes issued by Staples, Inc., which refinanced short-term indebtedness incurred to finance its acquisition of Corporate Express N.V.
- Triad Hospitals in its acquisition by Community Health Systems.
- The underwriters in various debt offerings for JC Penney Company, Inc.
- Lottomatica S.p.A. in its €1.4 billion equity rights offering and its issuance of €750 million Interest Deferrable Step-up Capital Securities, which constituted part of the financing for Lottomatica's acquisition of GTECH Holdings Corporation, the largest-ever Italian acquisition in the United States.