Mark A. Cognetti

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8968
F 212 728 9968
mcognettiwillkie.com

Mark A. Cognetti is a partner in the Corporate and Financial Services Department, specializing in private equity, leveraged buyouts, mergers and acquisitions, distress investments and recapitalizations, and general corporate and securities law matters.  In addition, Mark has extensive experience representing chapter 11 debtors in connection with restructurings and asset dispositions.

Mark served for three years in the firm’s office in Milan, Italy, and continues to be active in the firm’s international practice.

Highlights

Mark A. Cognetti is a partner in the Corporate and Financial Services Department, specializing in private equity, leveraged buyouts, mergers and acquisitions, distress investments and recapitalizations, and general corporate and securities law matters.  In addition, Mark has extensive experience representing chapter 11 debtors in connection with restructurings and asset dispositions.

Mark served for three years in the firm’s office in Milan, Italy, and continues to be active in the firm’s international practice.

Selected Significant Matters

Private Equity and Mergers and Acquisitions

Mark represented:

  • Palms Casino in its sale to Station Casinos, which is owned by Red Rock Resorts, Inc.
  • Bloomberg L.P. in its acquisition of Barclays Risk Analytics and Index Solutions (BRAIS)
  • Mueller Industries, Inc. and Atlas Holdings LLC in the acquisition of Tecumseh Products
  • Twin Haven Capital in connection with its acquisition of Impresa Aerospace LLC
  • Warburg Pincus in connection with its investment in Specialists On Call
  • A large private equity fund in connection with its investment in a state toll road
  • Management of Advantage Sales & Marketing LLC (ASM) in Apax Partners’ sale of a majority stake in ASM to affiliates of private equity firms Leonard Green & Partners, L.P. and funds advised by CVC Capital Partners
  • Monarch Alternative Capital LP as a major shareholder of Star Bulk Carriers Corp. in Star Bulk’s deal to acquire Oceanbulk Shipping LLC and Oceanbulk Carriers LLC, creating the largest U.S.-listed dry bulk company
  • Tradecard Inc., a Warburg Pincus portfolio company, in connection with its merger with GT Nexus, Inc.
  • Access Industries in connection with its investment in Tory Burch LLC
  • Sferra Bros. Ltd., in connection with an investment by funds advised by Levine Leichtman Capital Partners, Inc.
  • Leonard Green & Partners and another large private equity fund in their acquisition of a controlling stake of the Palms Casino Resort
  • Keystone Dental, Inc. in connection with its merger with Southern Implants, Inc.
  • Hampshire Group, Limited in its acquisition of Rio Garment
  • GlobalSpec, Inc., a Warburg Pincus portfolio company, in its acquisition by IHS Inc.
  • Warburg Pincus as the largest selling shareholder in the sale of Allos Therapeutics Inc. to Spectrum Pharmaceuticals Inc.
  • Hampshire Group, Limited in the sale of a portion of its women’s businesses to LF USA and KBL Group
  • Warburg Pincus in connection with its acquisition of Lifecore Biomedical Inc.
  • Soros Fund Management LLC in the $2.8 billion investor consortium acquisition of ConAgra Trade Group from ConAgra Foods, Inc.
  • Warburg Pincus in connection with its investment in Neurogen Corporation
  • Warburg Pincus in connection with its investment in Inspire Pharmaceuticals, Inc.
  • Investors in connection with National City Corporation’s $7 billion capital raise
  • Teksid Aluminum in the asset sale by its parent company, TK Aluminum Ltd., to Tenedora Nemak, a transaction valued in excess of $500 million
  • Warburg Pincus in connection with its investment in, and recapitalization of, Builders FirstSource
  • Warburg Pincus in connection with its acquisition of Spheris Inc.
  • Warburg Pincus in connection with its acquisition of Dutch cable operator NV Multikabel from German cable group PrimaCom AG
  • Warburg Pincus in connection with its acquisition and merger of Chronic Care Solutions Inc. and MPTC Holdings Inc.
  • Warburg Pincus in connection with its acquisition (with Providence Equity Partners) of Telcordia Technologies
  • Questor in connection with its acquisition (with J.P. Morgan Capital Partners, AIG and Private Equity Partners SpA) of the aluminum casting business of the Fiat group

Mark has represented Warburg Pincus in connection with investments in various other companies and follow-on rounds for existing portfolio companies.  Mark has also acted as counsel to investment banks and financial advisors in connection with various mergers and acquisitions transactions.

Restructurings and Recapitalizations

Mark has provided representation in respect of many complex chapter 11 cases and non-judicial restructurings and recapitalizations, including:

  • Velo Holdings, Inc.
  • YRC
  • Buffets Restaurants Holdings
  • PlayPower Holdings Inc.
  • Spheris Inc.
  • RathGibson
  • Builders FirstSource
  • Muzak Holdings
  • LandAmerica Financial Group
  • CCS Medical Inc.
  • National City Corporation
  • Teksid Aluminum

Representative Public Offerings and Private Placements

Mark represented:

  • Virtual Radiologic Corporation in connection with its initial public offering of common stock
  • Eurand N.V. in connection with its initial public offering of common shares
  • The underwriters in connection with the initial public offering of Molecular Insight Pharmaceuticals, Inc.
  • The underwriters in connection with the follow-on offering of Coeur D’Alenes Mines Corporation
  • The underwriters in connection with the initial public offering of Medcath Corporation
  • The underwriters in connection with a follow-on offering of Albany Molecular Research
  • TK Aluminum Luxembourg Sarl, SCA in connection with its offering of €240 million senior notes
  • BSN Glasspack in connection with its offering of €160 million senior subordinated notes
  • Spheris Inc. in connection with its offering of $125 million senior subordinated notes

Selected Professional and Business Activities

Mark is a member of the American Bar Association and the New York City Bar Association.