Private Offerings & Financing

The ability to access capital is important to the growth of a business. Frank Leffingwell & Associates, PC provides counsel to emerging growth companies as well as investors in private offering and debt financing transactions.

We support emerging growth companies’ private offerings and financing through a variety of services including:

  • Drafting and negotiating term sheets and definitive transaction agreements
  • Conducting corporate, financial, and intellectual property due diligence
  • Issuing warrants, bridge notes, and other convertible securities
  • Ensuring compliance with federal and state securities laws
  • Providing tax-planning advice in financing transactions
  • Introducing funding sources and bankers when appropriate
  • Preparing required filings with the Securities and Exchange Commission and the Texas Securities Board

For our investor clients, we can also assist with fund formation, fundraising, governance, employment, and other operational issues to support organizational and ongoing legal needs.

Representative Transactions:

  • Negotiated and obtained $250,000,000 of financing from GE Capital on behalf of a prominent Austin, Texas based oil company.
  • Structured, and formed a Nevada-based limited partnership and subsequent private offering of equity interests in the partnership resulting in excess of $4,000,000 of investment from limited partners to acquire, exploit, and license patents for the production of income.
  • Structured and completed first and second round private equity offerings, resulting in investment in excess of $4,000,000 in a Central Texas based alcohol company.
  • Negotiated and completed bridge loan financing and first round equity financing through private offerings on behalf of a prominent Central Texas based food manufacturer, enabling the company to obtain placement of products in several national grocery chains.
  • Structured and secured bridge financing and a first round of equity investment financing through private offerings on behalf of a local real estate investor, resulting in the construction and completion of a commercial real estate project valued in excess of $5,000,000.
  • Negotiated and secured on behalf of a prominent local charity financing in excess of $2,000,000 on highly favorable terms, enabling a significant expansion of services by the charitable organization.