Mark Kromkowski is a partner in Ice Miller’s Business Group, where he represents investment funds and portfolio companies in all types of private equity and corporate M&A transactions. He also counsels fund managers in all aspects of fund formation and administration. Mark is among the small group of lawyers with significant transactional fund formation and regulatory experience with Small Business Investment Companies (SBIC Funds) and Rural Business Investment Companies (RBIC Funds).
Mark also represents regional and national banks in connection with private equity subscription lines of credit as well as NAV / hybrid credit facilities. He has extensive experience in the areas of complex financings, mergers and acquisitions and general corporate representation for private and public companies.
While in law school, Mark was Executive Editor of the Notre Dame Law Review.
Selected Experience
Fund Formation and Investment Matters
- Representation of more than 100 private equity and investment funds in their formation, fundraising and administration of venture capital, mezzanine, buyout, distressed, credit opportunity, real estate and SSBCI/Treasury funds.
- Representation of investment funds in the formation, licensing and operation of Small Business Investment Companies (SBIC Funds).
- Representation of investment funds in the formation, licensing and operation of Rural Business Investment Companies (RBIC Funds).
- Representation of alternative lenders in connection with hybrid and NAV credit facilities.
- Representation of regional and national banks and alternative financial institutions in connection with private equity subscription lines of credit and related credit facilities.
- Representation of investment advisors, pension funds, banks, family offices and high net worth individuals in a variety of investment opportunities including fund of fund investments, fund partnership investments, direct investments, secondary investments, and joint venture arrangements.
- Representation of multiple state pension and retirement systems in private equity, private debt and hedge fund investments.
- Regulatory guidance with respect to portfolio company investments and related issues to numerous regulated private investment funds including SBIC Funds, RBIC Funds, and other AIV entities.
- Representation of fund administrators in its corporate compliance matters.
- Representation of institutional trust and fund administrators in best practices review.
Transactional Matters (Buyouts)
- Representation of a private equity fund in multiple add-on acquisitions of various manufacturing operations.
- Representation of a fundless sponsor in its acquisition of a manufacturer of radio remote controls for cranes, locomotives, material handling equipment, and heavy machinery.
- Representation of a private equity fund in acquisition of on-site data and publishing services.
- Representation of private equity fund in acquisition of healthcare provider.
- Representation of SBIC portfolio company in restructuring with SBA Receiver.
- Representation of portfolio company in acquisition from SBA Receiver.
- Representation of a private equity manager in acquisition of controlling interest in a provider of massage therapy and related products business.
- Representation of a niche software publishing company in its sale to private equity fund.
- Representation of a lumber company in multiple acquisitions of regional lumber businesses and related real estate holdings.
Transactional Matters (Mezzanine)
- Representation of mezzanine fund in investment in agricultural services industry.
- Representation of mezzanine fund in investment in urgent care system.
- Representation of mezzanine fund in investment in the infrastructure industry.
- Representation of mezzanine fund in investment in mobile banking industry.
- Representation of mezzanine fund in investment in healthcare industry.
- Representation of mezzanine fund in investment in construction services industry.
- Representation of mezzanine fund in investment in government contracting industry.
- Representation of mezzanine fund in investment in propane distribution industry.
- Representation of mezzanine fund in investment in social media industry.
- Representation of mezzanine fund in investment in rural publishing industry.
- Representation of mezzanine fund in investment in a provider of communications equipment and services.
News
Published In
- "A Primer On The SBIC Program," Law360, March 24, 2017
Speaking Engagements
- Speaker, "Navigating New Territory for Private Equity," Small Business Investor Alliance Outlook 2021, January 26, 2021
- Speaker, “Paycheck Protection Program – Legal and Compliance Issues Now and Later,” May 19, 2020
- Speaker, “Optimizing Opportunity Zone Investments,” Webinar, October 30, 2019
- Moderator, "Approach of Various Financing Solutions to Independent Sponsor Transactions and Related Dynamics with Independent Sponsors," 2017 Independent Sponsor Conference, October 5, 2017
- Speaker, "Foreign Investment into the United States – Opportunities for U.S. Trust Companies," 11th Annual Fiduciary Advisory Services Seminar, October 5, 2016
- Speaker, “Capital Raising and Deal Making in 2016," June 1, 2016