Timothy J. Capen

Undergraduate School
Bachelor of Arts, Indiana University
Graduated in 2001

Law School
Indiana University School of Law-Indianapolis
Graduated in 2004

Professional Experience:
Timothy J. Capen is a partner in the Firm's Business Group. Capen concentrates his practice in corporate and securities law and in the representation of emerging growth companies and venture capital and private equity funds. He has extensive experience in venture capital financings; private placements; private equity/venture capital fund formations, operations and portfolio company transactions; public offerings; mergers and acquisitions; and general corporate representation.

His practice encompasses the representation of private equity funds and their portfolio companies in a wide variety of transactions, including leveraged buyouts, mergers, stock and asset acquisitions, recapitalizations, private equity investments and bank and mezzanine financings.

Capen frequently counsels private equity sponsors on the formation, marketing, management and regulatory compliance of private equity and venture capital funds, funds-of-funds and other alternative investment vehicles, as well as the operational, legal and regulatory issues faced by such sponsors. In addition, he advises investors in connection with the review and negotiation of fund terms.

Since 2006, Capen has helped place hundreds of millions of dollars of private equity and venture capital investments in a wide variety of business sectors, including both the life sciences and high technology industries. Capen has represented both acquiring and selling companies in merger and acquisition transactions having a total value in excess of several million dollars. Merger and acquisition transaction size has ranged from less than $10 million to over $100 million, with the majority being $50 million or less.

Capen earned his Bachelor of Arts in 2001 from Indiana University. He graduated, magna cum laude, from the Indiana University School of Law–Indianapolis in 2004 and joined Ice Miller in the fall of that year.

He is admitted to practice law in the state of Indiana.

Community Involvement:
Member, Venture Club of Indiana
Member, Indiana University Alumni Association
Member, Development Committee of Junior Achievement of Central Indiana

Representative Transactions:
1. Represented an Indiana-based registered investment advisor in connection with its formation and capitalization of a multi-manager, multi-strategy fund-of-funds investing predominately in U.S. and non-U.S. investment funds that employ diverse alternative investment strategies across a variety of asset classes, with targeted committed capital of $100 million.

2. Represented an Indiana-based venture capital fund focused on investment opportunities in certain food and agriculture sectors in connection with its formation and $35 million limited partnership offering.

3. Represented an Indiana-based venture capital fund in connection with its formation and $30 million limited partnership offering.

4. Represented a registered investment advisor in connection with the formation of and investments by several funds-of-funds investing in the natural resources industry, the real estate industry, distressed debt, hedge funds and futures trading.

5. Represented ExactTarget, Inc. in private equity financing transactions totaling $145 million in a six-month period.

6. Represented a Massachusetts based private equity fund in the sale of one of its portfolio companies for $75 million.

7. Representated an Indiana-based private equity fund in the sale of one of its portfolio companies for $85 million.

8. Represented the lead investor (an Indiana-based venture capital fund) in a $30 million venture capital financing transaction with a California-based medical device company.

9. Represented Indiana and Minnesota based investor syndicate in an $8 million venture capital financing transaction with a Minnesota based medical device company.

10. Represented Indiana and Michigan based investor syndicate in a $4.5 million venture capital financing transaction with a Minnesota-based medical device company.

11. Represented an Indiana-based private equity fund in a $24 million leveraged buy-out of a California-based distributor of innovative cleaning, kitchen, storage, bath and home organizational products.

12. Represented an Indiana-based private equity fund in a $24 million leveraged buy-out of a Michigan based manufacturer and distributor of haircare products.

13. Represented an Indiana-based private equity fund in a $12.6 million leveraged buy-out of an Illinois-based provider of licensed collegiate apparel and corporate promotional products.

14. Represented ExactTarget, Inc. in acquisition of CoTweet, Inc., a San Francisco based company which offers software to help businesses send and receive messages from multiple Twitter accounts.

Services:

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