Kap has represented buyers and sellers in business acquisitions in a wide variety of industries, including technology, manufacturing, healthcare, energy, hospitality, foodservice, retail, insurance, and aerospace. He is also experienced in private business strategy and planning, including corporate formation, structuring and organization.
Overview
Kap has represented buyers and sellers in business acquisitions in a wide variety of industries, including technology, manufacturing, healthcare, energy, hospitality, foodservice, retail, insurance, and aerospace. He is also experienced in private business strategy and planning, including corporate formation, structuring and organization.
Experience
- Representation of buyers and sellers in business acquisitions in various industries with a wide range of transaction values. Some representative transactions include:
- Sale of a privately held technology company supporting mortgage and financial services industry for cash consideration in excess of $400 million.
- Sale of Spread Networks, a privately owned telecommunications provider that operated a high fiber long haul route connecting New York and Chicago to Zayo Group Holdings (NYSE: ZAYO) for $127 million in cash.
- Sale of an aerospace/aircraft leasing business to a private equity-sponsored buyer for a transaction value in excess of $200 million.
- Sale of a privately owned sports betting network and daily fantasy sports business to a U.S. subsidiary of a European digital sports media business for a transaction value of $60 million.
- Acquisition by OneWater Marine Inc. (NASDAQ: ONEW), a premium marine retailer, of 100% of the equity of T-H Marine Supplies, LLC, a leading manufacturer of boat parts and boat accessories for a transaction value of $185 million.
- Sale (via merger) of wholesale food distribution business to a strategic buyer for a transaction value of $240 million.
- Numerous other mergers and acquisitions with transaction values ranging from approximately $5 million to $60 million, including: sale of stock in an industrial paper products and janitorial equipment supplier business to a strategic buyer; sale of assets of a convenience store business located in the Southwestern U.S. to a strategic buyer; multiple acquisitions by clinical research trial company of clinical testing sites/companies; sale of stock of a manufacturer of fabricated pressure vessels for use in the compressed gas industry to a strategic buyer; acquisition of a fast casual restaurant franchise business; and acquisition of all heavy equipment dealer locations in a southeastern U.S. state.
- Representation of private businesses in formation, organization and business planning including shareholder and LLC operating agreements.
- Numerous private placement offerings.
- Representation of nonprofit businesses in formation, organization, and business planning.
Distinctions
- Best Lawyers in America®
- Closely Held Companies and Family Business Law, 2022-2024
- Corporate Law, 2024
- Super Lawyers®
- Mid-South Rising Star, Mergers & Acquisitions, Business/Corporate Law, 2013-2019
- Certified Public Accountant, Mississippi
- Certified Public Accountant, Tennessee (Inactive)
- Mississippi Secretary of State's Business Organization Laws Study Group, 2016
- Mississippi Secretary of State’s Crowdfunding Study Group, 2014
- Mississippi Secretary of State's Business Organization Laws Study Group, 2013
- Wright Medical Technology, Inc., SEC Reporting Senior, 2004-2006
- PricewaterhouseCoopers LLP, Assurance Associate, 2002-2004
Bar Admissions
- Mississippi, 2009
- U.S. District Courts
- Mississippi: Northern, Southern
- U.S. Court of Appeals
- 5th Circuit
Education
- University of Mississippi, J.D., magna cum laude, 2009
- Staff Editor and Executive Board, Mississippi Law Journal
- University of Mississippi, M.Accy., 2002
- University of Mississippi, B.Accy., 2001
Associations
- American Bar Association
- Business Law Section
- Capital Area Bar Association
- American Institute of Certified Public Accountants
- Mississippi Society of Certified Public Accountants
Papers, Presentations & Publications
- Co-Author, "LAW ELEVATED - Getting Your Company in Shape for Sale," Mississippi Business Journal, July 2016
- Presenter, "New Markets Tax Credits," Mississippi College School of Law, 2011.
- Panelist, "Incentivizing Commercial Development," Client Seminar, 2011.
- Author, "Mississippi Secretary of State Requires LLC Annual Reports by April 15, 2011", Sound Advice, Volume 2011".
- Author, "IRS Proposes New ‘Audit Me’ Disclosure Requirement", Point Innovation, Spring 2010.
- Author, "IRS Implements New Corporate ‘Audit Me’ Disclosure Requirement", Planning Notes, August 2010.
Civic Involvement
- Christ Covenant School, Board of Trustees
- Pear Orchard Presbyterian Church, Deacon
- Advance Memphis, Board of Directors, Former Member