Andrew Sachs focuses his practice on advising registered investment companies, including open-end mutual funds and ETFs in both stand-alone and series trusts, and their respective boards of trustees with respect to:
· organizational matters - including trust and fund formation, SEC registration and fund mergers/reorganizations;
· corporate governance matters - including representation of independent trustees;
· disclosure documents - including drafting and reviewing prospectuses, SAIs and marketing materials;
· compliance requirements - including Rule 38a-1 reporting and service provider oversight;
· SEC filings - including proxy statements and annual and semi-annual reports; and
· other operational and management issues.
Mr. Sachs also assists both state and SEC registered investment advisers with registered and private investment company formation, including domestic, offshore and master-feeder hedge funds, private equity and real estate funds, and has represented registered investment advisers in acquisitions and reorganizations. He regularly provides advice regarding public and private offering documents on both sides of the transaction; assisting issuers with the drafting and preparation of documentation and governing documents and assisting investors with evaluating and negotiating terms of investment in funds and corporate opportunities.
Mr. Sachs also assists clients with respect to private equity, securities, mergers and acquisitions and general corporate matters. Mr. Sachs has assisted in mergers and acquisitions and private equity deals on both the buy-side and sell-side. He also has experience in the representation of public companies in multi-billion dollar private debt offerings and assisting clients with the purchasing and financing of aircraft.
Professional & Community Activities
Wake Forest Law Review, Managing Editor (2007-2008)
Mental Health Association of Forsyth County, Board Member
Reap More Than You Sow Community Garden Project, Board Member
Piedmont Craftsmen, Inc., Board Member
Worked on teams handling the following matters:
Mutual fund and investment management disputes for large financial institution, Represented multi-billion dollar mutual fund family for a Fortune 500 financial institution in action alleging inappropriate investments in securities lending arrangement with mutual fund's custodian and lending agent.
Representation of investment adviser and mutual fund family, Ongoing representation of multi-billion dollar investment manager with specialized focus on 401(k) products; and ongoing representation of related mutual fund family.
Representation of ETF series trust, Ongoing representation of series trust for exchange traded products.
Multifaceted debt refinancing transaction for Interface Inc., Represented Interface Inc., a worldwide leader in the design, production and sales of modular carpet, in its approximately $300 million public debt refinancing transaction. The multifaceted transaction included a tender offer for two series of outstanding public notes, in tandem with a Rule 144A offering of new notes on more favorable terms, and a subsequent registered exchange offer for the new notes to permit their free tradability.
Rule 144A initial offerings, and subsequent registered exchange offerings, of senior subordinated notes for Interface Inc., Represented Interface Inc. in connection with several other offerings of debt securities, each of which involved a Rule 144A initial offering and a subsequent registered exchange offering, including the following separate transactions:
$135 million 9.5% senior subordinated notes
$175 million of 10.375% senior notes
$150 million 7.3% senior notes
Sale of business for supplier of custom machine parts, Represented a long-established supplier of seals, O-rings and other custom machine parts in connection with the sale of its business to a UK-based public company.
Representation of mutual fund series trust, Ongoing representation of series trust for open-ended mutual fund products.
*Experience gained by attorney prior to joining Kilpatrick Townsend
(Also at Winston-Salem Office)