Seth R. King

Seth King is a member of the firm’s business transactions group, working primarily in the areas of mergers and acquisitions, securities, commercial finance and general corporate and business law.

Mr. King has participated in over 100 merger and acquisition transactions for public and private clients totaling over $10 billion in value, including stock and asset sales and purchases, mergers, leveraged buyouts and public and private tender offers. He has significant experience in all aspects of merger and acquisition transactions, including purchase agreement drafting and negotiation, due diligence investigations and disclosure schedule preparation, ancillary agreement drafting and transaction closings. He has had primary responsibility for several transactions totaling nearly $1 billion in value.

Mr. King has participated in filing several Hart-Scott-Rodino (HSR) forms and exemption applications with the Federal Trade Commission and Department of Justice in connection with antitrust compliance for transactions totaling over $4 billion in value and has overseen the filing of all HSR forms made by the firm since 2003.

Representative M&A Transactions

• Represented a private equity client in acquisitions of three portfolio companies totaling over $250 million.
• SkyWest’s acquisition of ExpressJet Holding for $133 million.
• Represented iFrogz in its sale to ZAGG for $108 million.
• Merit Medical’s Inc.’s acquisition of BioSphere Medical Inc. for $96 Million.
• Barrick Gold Corporation’s acquisition from Rio Tinto of its 40% joint venture interest in the Cortez mining venture for approximately $1.7 billion.
• SkyWest’s acquisition of Atlantic Southeast Airlines from Delta Air Lines for approximately $1.7 billion (including assumption of liabilities).
• Sale of publicly held VitalStream Holdings to Internap Network Services, a publicly held technology services company, for $217 million.
• Kinross Gold Corporation’s acquisition of publicly held Crown Resources Corporation for $218 million.
• SBI Holdings’ sale to aQuantive for $160 million.
• Nevada Chemicals’ sale, through a public tender offer and merger, to Oaktree Capital Management for approximately $95 million.
• Franklin Covey’s sale of Premier Agendas subsidiary to School Specialty for $165 million.
• Arkona, Inc.’s sale, through a public tender offer and merger, to Dealertrack Holdings for approximately $62 million.
• Acquisition by major global mining company of a foreign power plant company for $53 million.
• Sale of Sizzling Platter to Valor Equity Partners in a leveraged buyout transaction.
• Access Long Distance’s sale to McLeod USA for $237 million.

Other M&A Transactions for: 

• Barrick Gold Corporation
• Merit Medical Systems
• Ralcorp Holdings
• Nu Skin Enterprises
• American Nutrition Corporation
• Arysta Lifescience
• CHG Healthcare
• The Woodside Group
• Nevada Chemicals
• Dynamic Confections
• The Salt Lake Stingers
• The Layton Companies
• Batteries and Bands
• Neilson Elggren
• Granite Construction Co.
• Sentry Financial
• Lofthouse Foods
• The SCO Group
• Jacobsen Construction Co.

Seth King is a member of the firm’s corporate and securities group, working primarily in the areas of securities, mergers and acquisitions, commercial finance and general corporate and business law.

Mr. King has participated in over 60 securities offering transactions for public and private companies, including sales of common and preferred stock, senior, subordinated and convertible debt, venture capital and private equity funding, registered direct offerings, PIPE transactions, tender offers for public and private companies and public company going-private transactions.

Mr. King has been involved in approximately 10 public securities offerings totaling over $600 million in value. Mr. King has been involved in six public company tender offers totaling nearly $300 million, and also in going-private transactions under Exchange Act Rule 13E-3. Mr. King has participated in over 50 private securities offerings, including venture capital and private equity fundings, totaling over $1 billion in value.

Representative Securities Transactions:

• Secondary public offering by SkyWest of $104 million of common stock, underwritten by Merrill Lynch and Raymond James.
• (Withdrawn) Secondary public offering by VitalStream Holdings of $98 million of common stock, underwritten by Cowen and Company and additional underwriters.
• Sale of $25 million in common stock and warrants by Altair Nanotechnologies in a registered-direct offering placed by Cowen and Company.
• Sale of $150 million in senior promissory notes by a privately held real estate development and construction company, placed by Bank One Capital Markets.
• Sale of CDN$213 million in common stock and warrants by Kinross Gold Corporation, underwritten by CIBC World Markets, Scotia Capital and RBC Dominion Securities.
• A withdrawn $200 million Rule 144A convertible debenture offering, underwritten by JP Morgan and Merrill Lynch.
• Private offerings by www.yellowpages.com of an aggregate of $60 million in preferred stock and convertible notes to private investors.
• Private offering by Linux Networx of $40 million in preferred stock to venture capital fund syndicate.
• Private offering by World Wide Packets of $45 million in preferred stock to venture capital fund syndicate.

Additional Securities Offerings Clients:

• SkyWest, Inc.
• Kinross Gold Corporation
• VitalStream Holdings
• Altair Nanotechnologies
• Merit Medical Systems
• Dynamic Confections
• World Wide Packets
• Batteries & Bands
• Diamicron
• Linux Networx
• The SCO Group (formerly Caldera International)

Exchange Act Compliance:

Mr. King has been involved in preparing and reviewing filings, reports and related materials pursuant to the Exchange Act and self-regulatory organizations for over 20 public companies, including SkyWest, Kinross Gold Corporation, Merit Medical Systems, Franklin Covey, 1-800 Contacts, VitalStream Holdings, Altair Nanotechnologies, Nevada Chemicals, Cimetrix Incorporated, Star Buffet, The SCO Group and Flanders Corporation.