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Alcedo Atthis

Common Kingfisher (Halcyon smyrnensis), named after İzmir city of Turkey, is mostly observed in the Eastern Mediterranean Region. Destruction of their habitats, wetlands, is the greatest threat to their species.

Legal Advisory Services At Private Equity, Venture Capital And Corporate Finance Transactions

Çukur & Partner law firm quite widely practice at private equity, venture capital, mezzanine financing investments and all kind of corporate finance transactions for more than 15 years. According to our track records, corporate finance lawyers of Çukur & Partners have represented investors, funds and the corporates at dozens of transactions in this kind.

Çukur & Partners law firm has a particular expertise in fund investments and related M&A transactions which mostly focused on medium-sized transactions.

Our legal advisory services regarding the private equity, venture capital and mezzanine financing process transactions for the companies and the shareholders while acquiring these funds and investment cover 360-degree legal service consisting any and all legal consultancy services at every stage of the process, namely preparation to the investment, transactional and post-investment legal processes as well as the exit stage of the investor from the company.

In this regard, the services we provide to the companies and the shareholders generally start with the preparation stage for these share or asset sales or financial investment. This is a completely new, unusual and unique process for the companies, shareholders and managers that have never experienced this type of process and fund investment previously. These companies and individuals may be largely unfamiliar with the roadmap of such fund and investment transactions, the stages of the process, the contracts and legal documentation used in them, the legal terms and regulations contained therein, and the dynamics of such a negotiation process.

At the same time, there are aspects that company directors and shareholders need to know and understand in advance and at every stage, in terms of life cycle of fund investments and the new phase that the company will enter after investment, and the processes of the fund’s flow in and out of the company. 

The partnership between these investment funds and the companies is very distinctive in comparison with a classical strategic partnership. Above all, these funds invest in business strategy and plan of the company as well as the company’s growth story. In addition, these funds stay in the company for a limited period of time and eventually make their investments in the company in order to exit with making profit.

Therefore, the preparation of our clients as the company, company directors and shareholders, both on the corporate and personal levels, for the new situation and intensive process, in order to complete the procedures relating to private equity, venture capital or mezzanine fund transactions successfully have a delicate value. In such preparation process, Çukur & Partners’ transaction lawyers, with their experience based on many years and numerous transactions, make a significant contribution to the preparation of the investment recipient for the transaction in every sense.

Besides, the need for companies to be subjected to corporate restructuring and reorganization in various aspects may arise before the fund investment process. At this point, Çukur & Partners’ corporate and M&A lawyers provide the opportunity for the transition process of receiving investment and obtaining funds and legal support for this structural transformation of the company, with a team work carried out by another consultancy.

In several transactions, corporate finance lawyers of Çukur & Partners can provide legal consultancy services to Turkish and international investors and (private equity, venture capital, mezzanine or any kind of corporate finance) funds in these procedures, as well.

In addition to the successful completion of the transactions in a way that makes all parties satisfied in the short and long term, our main goal is that the legal structures created in transaction are functional in every sense and every phase of the investment and partnership. In our fund investment and corporate finance transactional services, we aim to secure the future interests of the parties and enable the company’s business plan to be carry out successfully. Our priority regarding these transactions is to finalize the process with the company’s achievement on its benefits and growth upon the investment, and the investor’s achievement to make the targeted profit and the chance of a safe exit.

The sectoral knowledge and experience that our firm has, hold critical value in investing transactions. In this respect, Çukur & Partners’ corporate finance team, which has been serving in various sectors for many years, adds value on the way of success in terms of both, the company and the parties.

Çukur & Partners transaction lawyers provide the following services including from the first step of the investment process to the closing as well as the post-investment legal services to the exit of the financial and fund investments and corporate finance transactions:

  • Preparing the company, its directors and shareholders for the fund investment and corporate finance process,
  • Establishment and development of the legal infrastructure suitable for partnership and investment in the company, restructuring and reorganization of the company where needed,
  • Making the company’s articles of association, shareholders’ agreements (if any), internal directives, other corporate documents, shares and commercial books ready for the process,
  • Agreements to be made with financial advisors, independent auditing firms and other project stakeholders and consultants,
  • Confidentiality (NDA) and exclusivity agreements
  • Fund Investment and transaction term sheet (MOU)
  • Establishment of Data Rooms,
  • Legal Due diligence; Preparation of legal due diligence report for the vendor when necessary,
  • Facility and financing Agreements,
  • Fund investment, financing, share or asset purchasing agreements,
  • Shareholders (Partners) Agreements,
  • Ancillary agreements of the transaction, such as collateral agreements and transactions,
  • Adaptation of the company’s articles of association, internal directive and other corporate governance documents and shares to the new structure, general assembly, board of directors and trade registry transactions,
  • Accomplishment of share transfers and payment,
  • Warranties, pledges, mortgages, suretyship and escrow accounts,
  • Establishment of international structures when necessary,
  • Inter-investor transactions,
  • If necessary, merger control permissions from the competition authority
  • Legal compliance with call obligation and other special circumstances arising from capital market law in public companies
  • All kinds of meetings, negotiations and other legal arrangements required by the process,

At all fund investment and corporate finance transactions, Çukur & Partners’ team in the project always led by a partner (with at least 20 years of experience), under the coordination of another partner or senior lawyer (with at least 10 years of experience), and along by a wide team of lawyers in the required variety and size. The two partner and a senior lawyer are always personally involved in all aspects of the transaction including all meetings, negotiations and legal transactions at every stage of the project.

Çukur & Partners’ quality of legal services in fund investment and corporate finance transactions is approved and recommended by independent international ranking organizations. We are proud of the high rate of successful completion as well as safe exits of the investors at these fund investment and corporate finance transactions we advised. As a consequence of our self-confidence at this point, we apply and offer accessible, flexible, gradual and completion-based fee models.