Mark A. Kromkowski Partner

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.

Experience

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.

  • 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

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

  • Illinois

Selected for inclusion as a "Leading Lawyer," Investment Funds: Private Equity Funds, Illinois, Legal 500 US, 2018

“Investment Funds Law Firm of the Year – USA,” Continental Awards 2018, Worldwide Financial Advisor Awards Magazine

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

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

Named "Deal Maker of the Year," Finance Monthly, 2014

AV Rated, Martindale Hubbell

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