Our M&A Practice Focuses on Deals Involving Telecommunications Businesses and Infrastructure Assets
While all mergers and acquisitions present unique challenges and risks, this is especially true when deals involve businesses and assets in regulated industries. With our experience in the telecommunications space, we are uniquely positioned to represent clients in deals involving towers, data centers, and other assets and entities.
Over a Decade of Experience Handling Complex Telecommunications Deals in the United States and Abroad
We focus our mergers and acquisitions practice exclusively in this area. We represent buyers and sellers and handle transactions involving assets and businesses with multi-million-dollar valuations. In doing so, we bring insights from our unique industry-specific experience to the table. We work closely with our clients to ensure that they maximize their transactions’ value while effectively mitigating their risk.
Another unique aspect of our practice is representing clients in mergers and acquisitions in the United States, Puerto Rico, South America, Central America, and Canada. We have experience advising clients in connection with deals in these jurisdictions. Many of our longstanding clients rely on this experience when pursuing new business ventures and opportunities both domestically and abroad. Not only are we intimately familiar with the laws and regulations that apply, but we can also help our clients navigate cultural differences and local business practices.
Comprehensive Advice and Representation for All Aspects of Telecommunications M&A Deals
When we represent clients in connection with mergers and acquisitions involving telecommunications assets and businesses, we do much more than negotiate the terms as proposed. We also assist our clients with thorough due diligence, negotiating ancillary agreements, and managing the closing and post-closing process. Depending on the circumstances involved in any particular deal, the services our clients may need include:
- Advice regarding the unique methods of financing used to acquire, develop and improve commercial real estate properties for new and upgraded telecommunications projects
- Management of all aspects of due diligence, including examination of title, survey, environmental and zoning compliance for buyers, and reviewing financing sources for sellers
- Negotiation of asset and stock purchase agreements
- Negotiation of joint venture agreements in connection with the acquisition of wireless infrastructure real estate assets
- Negotiation of requests for proposals (RFPs), letters of intent, term sheets, and non-disclosure agreements
- Negotiation of assignments and transfers for third-party contracts such as leases, intellectual property licenses, employment and consulting agreements, and maintenance contracts
- Negotiation of ground leases, rooftop leases, tenant leases, easements, master services agreements, colocation agreements, inside wiring agreements, and other necessary third-party contracts
- Advice regarding the integration of acquired systems and businesses with companies’ existing operations
We handle all of these aspects of the mergers and acquisitions process. Once a client engages our firm to serve as deal counsel, we work closely with our client to gain a comprehensive understanding of the deal, the relevant regulatory framework, and the risks and opportunities involved. We then custom-tailor our advice and representation to the unique circumstances at hand. This custom-tailored approach is a hallmark of our practice, and it ensures that we effectively represent all of our clients as efficiently as possible while still thoroughly addressing their specific needs and concerns.
Types of Mergers and Acquisitions We Handle
While our mergers and acquisitions practice is devoted to handling deals in the telecommunications industry, we maintain a broad M&A practice within this niche. Representative examples of the types of deals we handle for companies in the United States, Puerto Rico, South America, Central America, and Canada include those involving:
- Telecommunications towers
- Data centers
- Distributed antenna systems (DAS)
- Energy infrastructure assets
- Radio and broadcast antennas
- Rooftop systems
- Telecommunications companies
- Wireless revenue streams
- Lease and easement buyouts
- Other ancillary assets and businesses
As technologies in the telecommunications industry continue to evolve, companies in the industry must constantly develop new intellectual property and acquire new assets to keep pace. We facilitate our clients’ innovative endeavors, helping them efficiently acquire the assets and businesses they need while divesting the assets and businesses they don’t. This is an ongoing process for many of our clients, and these clients turn to us to ensure that they are adequately protecting themselves while forging their own path into the future.
Examples of Issues Our Clients Face in Telecommunications M&A Deals
Mergers and acquisitions involving telecommunications assets and businesses present the same challenges and risks as deals in unregulated industries. But, due to the regulated and constantly evolving nature of the telecommunications industry, these deals also present some unique challenges and risks. For example, here are some of the types of issues we are often tasked with helping our clients overcome during the dealmaking process:
- Securing (and Confirming) Financing – Securing (and confirming) financing for telecommunications deals presents various unique challenges. This is especially true for deals that involve foreign assets and businesses.
- Acquiring All Necessary Rights, Licenses, and Approvals – As discussed above, negotiating the asset or stock purchase agreement is just one of the numerous steps involved in conducting a merger or acquisition in the telecommunications industry.
- Ensuring Legal and Regulatory Compliance – Buyers must ensure that the assets or businesses they acquire are in full compliance, while sellers must be careful to mitigate their liability post-closing.
- Apportioning Liability and Mitigating Risk – Along with mitigating compliance-related risk, buyers and sellers must address a multitude of other liability-related issues during the deal process as well.
- Preserving the Opportunity for Future Growth – From securing (or preserving) intellectual property assets to ensuring that leases and easements provide all necessary rights, both buyers and sellers must be careful to ensure that their deals do not compromise their future plans.
Inquire About Our Telecommunications Mergers & Acquisitions Practice
If you would like to know more about our experience handling mergers and acquisitions in the telecommunications industry in the U.S. or abroad, we invite you to get in touch. To request an appointment with Managing Attorney Angela Floyd, please contact us online today.