Nicholas M. Schwartz

Leveraged Buyouts / Private Company Financings

• Represented Clearlake Capital Group, L.P. and its portfolio companies in multiple financings, including:
  • Its US$2.1 billion acquisition, along with Francisco Partners, of Black Duck Software (formerly known as Software Integrity Group), from Synopsys, Inc.
  • Its US$4.4 billion acquisition of Alteryx, Inc., a leader in artificial intelligence for enterprise analytics.
  • Its US$5.4 billion acquisition of Quest Software, a creator and manager of software solutions to create IT resilience for data, infrastructure, and systems.
  • Its US$5.2 billion acquisition of Cornerstone OnDemand, Inc., a global leader in talent management software.
  • Its US$1.7 billion acquisition by nThrive, a leading healthcare revenue cycle management software-as-a-service platform, of Trans Union Healthcare, the healthcare data and analytics business of TransUnion.
  • Its acquisition, along with Motive Partners, of the BETA+ assets from London Stock Exchange Group.
  • Its acquisition of Discovery Education, Inc., a global edtech company, and the company’s subsequent acquisitions of DreamBox Learning and DoodleLearning.
  • The recapitalization of Dodge Construction Network, the largest independent data platform supporting the multi-trillion-dollar U.S. commercial construction industry, in connection with Clearlake’s equity investment to become an equal partner with existing Dodge investor Symphony Technology Group.
  • The acquisition by Victory Live, a technology platform focused on sports and entertainment, event management, data, and ticketing software, in its acquisition of Logitix from ZMC.
  • The acquisition by DigiCert, a leading provider of digital trust, of Vercara from Golden Gate Capital and GIC.
  • The acquisition by Symplr, a global leader in enterprise healthcare operations, of Midas Health Analytics Solutions from Conduent Incorporated.
  • The acquisition by Confluence Technologies, a global investment management technology solutions provider, of Compliance Solutions Strategies and Investment Metrics.
  • The acquisition by insuretech company Zywave, Inc. of Strategic Insurance Software.
  • The formation of Newfold Digital via the US$3 billion take-private of Endurance International Group, a leading provider of cloud-based platform solutions, and simultaneous combination of Endurance Web Presence and Web.com Group, Inc., and recapitalization of Constant Contact, a leading provider of cloud-based digital marketing software for small businesses, in connection with its separation from Endurance International Group.
• Represented Stonepeak Partners LP and its portfolio companies in multiple transactions, including:
  • Its debt and equity financing to Akumin, a leading provider of free-standing, fixed-site outpatient diagnostic imaging services, in connection with Akumin’s acquisition of Alliance Healthcare Services.
  • Its agreement to acquire a 50 percent interest in the Key Access Pipeline System (“KAPS”), a Canadian natural gas liquids (“NGL”) and condensate pipeline system.
  • An incremental term loan facility for its portfolio company, Oryx Midstream Holdings, to finance a distribution to equity holders and subsequent refinancing of its US$1.85 billion senior secured credit facilities.
• Represented Siris Capital Group and its portfolio companies in multiple financings, including:
  • Its acquisition of BearCom, a leading North American solutions provider of wireless communications and security technologies; 
  • Electronics for Imaging, a global technology company leading the worldwide transformation from analog to digital imaging, in connection with the incurrence and amendment of multiple credit facilities and the financing aspects of its sale of Fiery, LLC to Seiko Epson Corporation.
  • The refinancing by TPx Communications, a leading nationwide managed services provider delivering cybersecurity, managed networks and cloud communications, of approximately US$600 million in term loans and revolving loans under TPx’s existing credit agreement into new superpriority secured credit facilities and concurrent equity investment led by Siris.
• Represented ChrysCapital and its portfolio companies in multiple financings, including:
  • Its acquisition of ResultsCX, a premier customer experience partner to Fortune-100 and Fortune-500 companies worldwide, and the subsequent acquisition by ResultsCX of 60K, a leading Bulgarian CXM company, and Huntswood, a UK based consulting and customer solutions company.
  • Its acquisition of Xoriant, a premier software engineering and digital IT services provider.
• Represented funds managed by affiliates of Apollo in the acquisition of the Environmental Services business of GFL Environmental Inc.
• Represented Ridegview Partners in the financing for its growth investment in IOT software and payment solutions provider PayRange.
• Represented EQT Private Equity and its portfolio company Magnit (f/k/a PRO Unlimited), a leading provider of integrated contingent workforce management solutions, in the financing for its acquisition of Geometric Results, Inc., a managed services provider focused on workforce management.
• Represented Buyers Edge Platform, a developer of digital procurement software designed to serve the food service industry, in its dividend recapitalization, including a US$560 million senior secured term loan and US$130 revolving credit facility.
• Represented ServiceTitan, a leading software provider for the trades, in the financing for its acquisition of FieldRoutes, a leading cloud-based and mobile SaaS provider in the pest control and lawn care industry, as well as its subsequent recapitalization.

Public Company Financings

• Represented Restaurant Brands International Inc., a multinational fast-food holding company comprised of Burger King, Popeyes Louisiana Kitchen, and Tim Hortons, and its predecessors, in multiple financings, including:
  • Its pending US$1 billion acquisition of Carrols Restaurant Group.
  • The refinancing of its US$5.43 billion senior secured credit facilities.
  • The refinancing and upsize of its revolving credit facility and certain term loan facilities to finance its US$1 billion acquisition of Firehouse Subs.
  • The acquisition by Burger King Worldwide of Tim Hortons, Inc. and the subsequent acquisition of Popeyes.
• Represented Utz Brands, a leading snack food company, in multiple financings, including:
  • The refinancing of its US$630 million senior secured term loan facility.
  • The amendment and extension of its US$225 million asset-based revolving credit facility.
  • An incremental term loan financing and loan financing secured by certain real property.
  • The financing for its acquisitions of Inventure Foods and Truco Enterprises, as well as the financing aspects of its de-SPAC transaction with Collier Creek Holdings.
• Represented Prestige Consumer Healthcare, Inc., the largest independent provider of over-the-counter products in North America, in multiple financings, including:
  
  • The financing for its acquisition of the Akorn Consumer Health business.
  • Multiple acquisitions, including Insight Pharmaceuticals Corporation, C.B. Fleet Co. Inc. and certain over-the-counter brands of GlaxoSmithKline.
• Represented nCino, Inc., a worldwide leader in cloud banking technology, in the establishment of its revolving credit facility.
• Represented Duck Creek Technologies, Inc., a developer of industry-specific software that helps insurance carriers to deploy and manage their products and services, in the refinancing of its revolving credit facility.  
• Represented iHeartMedia, Inc., America’s #1 audio company, in the refinancing of US$400 million of its over US$2 billion term loan facilities.

Liability Management / Restructuring

• Represented Stonepeak Partners LP in connection with the Chapter 11 cases of Akumin Inc., a leading national provider of outpatient radiology and oncology solutions, the culmination of Stonepeak consummating a “loan to own” take-private transaction, including the provision of a DIP credit facility and a significant recapitalization upon emergence through additional equity contributions, the issuance of new notes, and entry into a new revolving credit facility.
• Represented Ebix Inc., which operates an insurance exchange platform as well as providing other financial services focused on the insurance industry, in its Chapter 11 cases, including its DIP financing and various prepetition financing transactions.
• Represented TPx Communications in its multitranche debt exchange, including the uptiering of a portion of its US$639 million existing first lien term loan facility, the purchase of certain other loans by sponsor Siris Capital Group and amendment to nonparticipating term loan and revolving credit facilities.
• Represented affiliates of Clearlake Capital Group, L.P., Symphony Technology Group, and Archer Technologies, a leading provider of integrated risk management cloud software solutions, in the sale of Archer to Cinven Limited and related amendment to the credit facilities of RSA Security LLC, a global provider of mission critical cybersecurity software and governance risk and compliance management software solutions. 
• Represented iHeartMedia, Inc. in its Chapter 11 cases, including its DIP credit agreement and exit financing facilities, as well as both iHeartMedia and its subsidiary Clear Channel Outdoor, in their pre-petition financing activities, including multiple amend and extend, debt exchange, and refinancing transactions.
• Represented FullBeauty Brands in its Chapter 11 cases and prior financing activities, including complex multiparty negotiations with the company’s creditors in the months leading up to the commencement of the Chapter 11 cases and various liability management financing transactions.
• Represented iQor, a managed services provider of customer engagement and technology-enabled BPO solutions, in its Chapter 11 cases, including its DIP credit agreement and exit financing facilities.

Some of the above matters were handled prior to joining Sidley.

• American Bar Association
• New York State Bar Association
• New York City Bar Association