Mark A. Kromkowski

Partner

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Practices
Industries
Education
  • University of Notre Dame Law School, JD, Executive Editor, Notre Dame Law Review, 1998
  • University of Notre Dame, BA, cum laude, Great Books Program, 1992
Admissions
  • Illinois
Affiliations

Member, American Bankers Association

Member, Institutional Investors Committee, American Bar Association

Member, Association for Corporate Growth

Member, Small Business Investor Alliance

Member, National Association of Small Business Investment Companies

Member, Illinois Venture Capital Association

Founder and Past President, Irish Forum, 1998-present

Sponsor, Midwest Private Equity Conference/MWRASBIC

Sponsor, Southern Private Equity Conference/SORASBIC

Sponsor, Western Private Equity Conference/WERASBIC

Mark has represented investment funds and portfolio companies in all types of private equity and corporate M&A transactions. He also has extensive experience counseling fund managers in all aspects of fund formation and administration.

He has developed a substantial practice in the areas of complex financings, mergers and acquisitions, and general corporate representation for private and public companies. He also represents regional and national banks in connection with private equity subscription lines of credit and related credit facilities.

He is among a small group of lawyers in the United States who have significant transactional and regulatory experience with Small Business Investment Companies (SBIC Funds) and Rural Business Investment Companies (RBIC Funds). Mark is the chairman of the firm's fund formation, SBIC practice and the community and regional banking industry team.

Mark A Kromkowski
vCard
T: +1 312 849 8170F: +1 312 698 454877 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Fund Formation and Investment Matters

Representation of more than 100 private equity and hedge funds in their formation, fundraising and administration of venture capital, mezzanine, buyout, distressed, and real estate.

Representation of investment funds in the formation, licensing and operation of Small Business Investment Companies (SBIC Funds).

Representation of regional and national banks 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 and hedge fund investments.

Representation of investment funds in the formation, licensing and operation of Rural Business Investment Companies (RBIC Funds).

Regulatory guidance with respect to portfolio company investments and related issues to numerous regulated private equity funds including SBIC Funds.

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 plastics molds and related equipment and product.

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 portfolio company in acquisition from SBA Receiver.

Representation of private equity fund in acquisition of healthcare provider.

Representation of a private equity fund in acquisition of minority interest in dining and entertainment restaurant chain.

Representation of SBIC portfolio company in restructuring with 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 private equity fund in recapitalization of an integrated clinical research and knowledge development company specializing in neuropsychiatric and related disorders.

Representation of a catering and food products business in the sale of its family owned business.

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 quickserve restaurant chain.

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 circuit board manufacturers.

Representation of mezzanine fund in publishing and processing industry.

Representation of mezzanine fund in investment in propane distribution industry.

Representation of mezzanine fund in investment in athletic sock distributor. 

Representation of mezzanine fund in investment in educational products distributor. 

Representation of mezzanine fund in investment in janitorial services industry. 

Representation of mezzanine fund in investment in an electronic components manufacturer. 

Representation of mezzanine fund in investment in social media industry.

Representation of mezzanine fund in investments in web hosting 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.

Representation of mezzanine fund in investment in a provider of equipment to motion picture industry.

Representation of mezzanine fund in multiple investments in voice over Internet protocol (VOIP) system and service companies.

Publicly-Traded Company Matters

Representation of Webster Bank on various corporate, securities and regulatory matters.

Representation of Comdisco, Inc. and Comdisco Ventures on various corporate and securities matters.

Representation of Quixote, Inc. on various corporate and securities matters.

Representation of Thomas & Betts on various corporate and securities matters.

Formation of a subsidiary investment fund of Hercules Technology Growth Capital, a publicly traded business development company.

Representation of a private equity fund in investment in Unitive /Amkor Technology, a provider of semiconductor packaging and related materials and services.

Representation of shareholders of Bacus Laboratories, Inc. in sale of stock to Olympus America, Inc., a wholly owned subsidiary of the Olympus in a multimillion-dollar transaction. Bacus Laboratories is the leader in virtual microscope technology and in microscope software for clinical laboratory applications.

Representation of a consulting and actuarial services business in sale to Watson Wyatt Worldwide.

Representation of Unilever USA in its sale of Iberia Foods, a Hispanic-branded food products business.

Recognized in "Readers Choice Awards", Top Author, Medical Device Industry, JD Supra, 2016

“Investment Funds Law Firm of the Year – USA,” Golden Advisor Awards 2016, Worldwide Financial Advisor Awards Magazine

AV Rated, Martindale Hubbell

Co-author, "A Primer On The SBIC Program," Law360, March 24, 2017
Co-author, "SBIC Weekly Expert Author Series – Q&A on the SBIC Today," SBIC Weekly, June 19, 2014
Author, "Accommodating Early Stage SBIC Funds," Private Equity Law360, January 10, 2012
Author, "SBA Breathes New Life Into SBIC Debt Program," Dow Jones Private Equity Analyst, February 2011
Contributor, "BDCs Are Going For SBICs," Reuters PE HUB, October 12, 2009
Co-author, "Secondary Private Equity Markets in a Down Economy," Lawdragon, May 18, 2009
Author, "10.11.3.c: BDCs – SBIC Licensing Guideline," VC Experts, Inc., April 7, 2009
Co-author, "10.11.3.a: BDCs Eligible Portfolio Companies Expanded to Include Certain Listed Securities," VC Experts, Inc., March 2, 2009
Author, "Are the Markets Ready for Realistic Prices on Mortgage Debt?," Accounting and Compliance Featured Article, Thomson/Reuters, Volume 2, No. 164, August 22, 2008
Author, "The Developing Debate on Sovereign Wealth Funds," Private Equity Client Bulletin, April 2008
Author, "Joint Bidding by Private Equity Funds Found Not to Violate Sherman Act," Private Equity Client Bulletin, February 2008
Author, "SBIC Licensees Required to Recertify Institutional Investor Status," Private Equity Client Bulletin, June 2007
Author, "Tax Changes for Private Equity Fund Introduced in U.S. Senate," Private Equity Client Bulletin, June 2007
Author, "Private Equity industry Guidelines Group (PEIGG) Revised Valuation Guidelines," Private Equity Client Bulletin, April 2007
Author, "Proposed Changes in the Tax Treatment of Carried Interest," Private Equity Client Bulletin, April 2007
Author, "Comment Period Closed on SEC Proposed Revisions to Accredited Investor Standard," Private Equity Client Bulletin, March 2007
Author, "Illinois Private Equity Funds Applaud Ruling: Illinois Sudan Act Ruled Unconstitutional," Private Equity Client Bulletin, March 2007
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, McGuireWoods LLP, Crowe Horwath and PEF Services Seminar, June 1, 2016
Moderator, RBIC Program: State of the Industry and Market Update, McGuireWoods Webinar, October 15, 2015
Speaker, "Issues with Proprietary Funds," Be a Road Warrior, Not Road Kill: Issues Confronting Fiduciaries, October 7, 2015
Speaker, Capital Raising and Deal Making in 2015, McGuireWoods LLP, Crowe Horwath and PEF Services Seminar, May 6, 2015
Speaker, Key Aspects in Mezzanine Financing, Lorman Live Webinar, December 4, 2014
Attendee, "Rural and Agricultural Lending," American Bankers Association, November 11, 2014
Speaker, "Legal, Regulatory, Litigation and Insurance Issues," Community Banking and Cyber Risk Management, September 17, 2014
Panelist, "Managing and Running a PE Firm," Capital Raising and Deal Making in 2014, September 10, 2014
Invited Guest, White House Rural Council, July 24, 2014
Speaker, How to Raise an SBIC Fund, Reuters/peHUB Private Equity Webinar with U.S. Small Business Chief Investment Officer, Samuel J. Boyd Jr., November 30, 2012
Speaker, "Key Issues in Mezzanine Debt," Lorman Education Services, March 8, 2011
Co-chair, 8th Annual Healthcare & Life Sciences Private Equity & Finance Conference: Building Value in Healthcare and Life Sciences Investments, February 2011
Speaker, "Energy Savings Debentures," Inside Private Equity, January 27, 2011
Speaker, "State of the SBIC Market," Inside Private Equity, May 28, 2010
Co-chair, 7th Annual Healthcare and Life Sciences Private Equity & Finance Conference: Healthcare and Life Sciences Investing: The Road to Recovery, February 11, 2010
Speaker, "Q&A Session with Mark Kromkowski," Illinois Venture Capital Association, February 9, 2010
Speaker, "Buying and Selling Partnerships, LLCs and Other Similar Entities," Lorman Education Services, August 13, 2009
Speaker, "The Archway Cookies Case: Don't Let the Cookie Monster Gobble Your Portfolio," Spring 2009 Private Equity Litigation & Bankruptcy Series, McGuireWoods Complimentary Webinar, April 14, 2009
Moderator, "Due Diligence in Private Equity Transaction," Spring 2009 Private Equity Litigation & Bankruptcy Series, McGuireWoods Complimentary Webinar, April 16, 2009
Moderator, "Portfolio Company Turnarounds," Spring 2009 Private Equity Litigation & Bankruptcy Series, McGuireWoods Complimentary Webinar, April 15, 2009
Co-chair, Private Equity Fund Formation and Fundraising 2009, March 4, 2009
Moderator, "A Shelter in the Storm," 6th Annual Healthcare and Life Science Private Equity & Finance Conference, McGuireWoods LLP, February 26, 2009
Speaker, "Doing Middle Market Deals in a Troubled Economy," Winter 2008 Private Equity Webinar Series, December 9, 2008
Moderator, "Private Equity Secondary Purchases," Winter 2008 Private Equity Webinar Series, November 20, 2008
Moderator, "Private Equity Fundraising: Current Market Trends," Fall 2008 Private Equity Webinar Series, September 5, 2008
Moderator, "First Time SBIC Funds: A Guide to the SBIC Licensing Process," Fall 2008 Private Equity Webinar Series, September 4, 2008
Moderator, "The State of the SBIC Program," Fall 2008 Private Equity Webinar Series (SBIC Series), September 3, 2008
Moderator, "Review of Market Conditions & Deal Trends," Summer 2008 Private Equity Webinar Series, August 12, 2008