Kresimir White BackgroundCounselor
1.424.258.0643
kpeharda@vestedlaw.com

Kresimir Peharda is a corporate and securities attorney. His clients benefit from his experience representing public companies and hands-on operational experience in three start-ups, two in healthcare and one in real estate. He represents companies in all stages of development from start-ups to public reporting companies.

Kresimir has assisted his public clients in IPOs, spin-offs, going private transactions, SEC compliance, corporate governance, corporate reorganizations and complex financing transactions. He advises startups and middle market companies on contracts, equity compensation, debt and equity financing, mergers and acquisitions, and shareholder matters. His clients have raised more than $1.5 Billion in capital through: public and private securities offerings (including private placements and PIPEs), commercial bank loans, other asset-based lenders, private equity firms, strategic partners, and VCs.

He also structured, negotiated, and closed mergers and acquisitions with a market value in excess of $750 Million in domestic and international settings. Kresimir has assisted his clients in alliance, development, distribution, licensing, marketing and sales agreements worth in excess of $800 Million.

He often acts as outside general counsel for private companies, advising them on corporate compliance, board and management matters, investor relations, equity compensation, and strategic business matters.

His practice areas include contracts, deal structure, equity compensation, governance and compliance, financing, investor relations, joint-ventures, mergers and acquisitions, real estate, reorganizations, securities, start-ups, and venture funding.

Click to hear a recent and exclusive radio interview with Kresimir by Bill Black on the Exit Coach show.

Read some of Kresimir’s Insights Here.

Industries

Kresimir has significant experience in following industries:

  • Education
  • Emerging Technology
  • Food/Restaurant
  • Healthcare
  • Real Estate
  • Software

 

Representative Transactions

Securities

Initial public offerings:

  • Represented the oldest curtain wall company in the U.S., Flour City International (FCIN) in an initial public offering. Work included due diligence with subsidiaries and local counsel in six countries, preparing registration statement, responding to SEC comments, preparing listing application, negotiating underwriting agreement, and preparing legal opinion.
  • Represented a computer software company, Prologic Management Systems (PRLO) in an initial public offering. Work included due diligence, preparing registration statement, and responding to SEC comments.
  • Represented a premium dessert company, Legacy Brands (registration withdrawn) in an initial public offering. Work included due diligence and preparing registration statement.

 

Spin-offs:

  • Represented a leading educational tour operator and wholly-owned subsidiary, Ambassadors Group (EPAX) from its public, reporting company parent, Ambassadors International (AMIE). Work included preparing separation agreements, responding to SEC and NASDAQ comments, preparing listing application, and advising on public, reporting company obligations.

 

PIPEs:

  • Represented a leading security and inspection systems, optoelectronic devices and value-added subsystems, and medical monitoring and imaging company, in a PIPE transaction. Work included negotiating and documenting stock purchase agreement, preparing registration statement, and coordinating effectiveness with SEC.

 

Shelf registrations:

  • Represented a manufacturer of products used in electronic printing, facsimile machines and analog and digital copiers in a $34 million shelf registration. Work included due diligence, preparing registration statement, and responding to SEC comments.

 

Mergers and Acquisitions

  • Represented a leading restaurant chain in a $20+ million sale of restaurant assets in the Western U.S. Work included extensive due diligence, lease review, structuring, negotiating and documenting the transaction, preparing the asset purchase agreement and supporting documents, and preparing the legal opinions.
  • Represented the seller in an $85 million sale of several radio stations to a leading media company. Work included extensive due diligence, structuring, negotiating and documenting the transaction and preparing the asset purchase agreement and supporting documents (did not close).
  • Represented the acquirer in a reverse triangular merger involving two leading web press and data processing private companies and a public, reporting company, Color Imaging (CIIG). Work included due diligence, structuring, negotiating and documenting the transaction, preparing the merger agreement, and preparing and filing the merger documents in three states.
  • Represented the acquirer in a triangular merger between a private auction and hotel supply company and a public, reporting company, Designer and Decorator Holdings (DDHI). Work included due diligence, structuring, negotiating and documenting the transaction, preparing the merger agreement, and preparing and filing the merger documents in two states.

 

Finance

  • Represented a computer reseller, in a $200 million line of credit transaction. Work included due diligence, negotiation and documentation of loan agreement and related documents, and preparation of legal opinion.
  • Represented a chipset manufacturer, in a $10 million line of credit transaction. Work included due diligence, negotiation and documentation of loan agreement and related documents.
  • Represented the debtor in a $50 million senior and subordinated debt restructuring with Goldman Sachs, as the lender. Work included extensive due diligence, structuring, negotiating and documenting revised loan agreement and numerous supporting documents and preparing legal opinions.

 

Technology

  • Represented an entertainment company with respect to trade agreements. Work included negotiating, drafting and closing joint-venture, distribution, and development agreements.
  • Represented a raster imaging company with respect to all trade agreements. Work included negotiating, drafting and closing joint-venture, and licensing agreements.
  • Represented a chipset technology company with respect to certain trade agreements. Work included negotiating licensing agreements.

 

Real Estate

Leasing:

  • Represented a leading restaurant chain in landlord-tenant commercial lease negotiations for various restaurant locations. Work included structuring, negotiating and documenting commercial leases and related documents.
  • Represented a leading coffee franchisee in landlord-tenant commercial lease negotiations with a major Las Vegas casino. Work included advising on and documenting commercial lease.
  • Represented landlord in landlord-tenant commercial lease negotiations with Starbucks Coffee. Work included negotiating and documenting commercial lease.

 

Acquisitions/Dispositions:

  • Represented the seller of vacant land in a $60 million sale to a real estate firm (transaction did not close). Work included due diligence, review of property reports, negotiating and documenting the purchase and sale agreement and related exhibits.
  • Represented the buyer of an office building in a $30+ million purchase from Arden Realty. Work included due diligence, review of title and survey, review of property reports, and tenant estoppels.

 

Finance:

  • Represented a storage company in structuring the investment vehicle and obtaining financing through a multi-state private offering of securities. Work included forming LLC, negotiating and preparing operating agreement, preparing private placement memorandum, and preparing subscription documents.
  • Represented a real estate firm in Investment Adviser registration for activities relating to its real estate funds. Work included due diligence on business activities, review of SEC filings, analysis of 1940 Act, and preparing and filing Form ADV.

 

Construction:

  • Represented the oldest curtain wall company in the U.S., Flour City International (FCIN) in a construction transaction. Work included advising on construction agreement and related exhibits.

 

Admitted

Admitted to practice in California and before the United States District Court for the Central District of California.

 

Education

Kresimir holds a B.A. cum laude from Harvard College and a J.D. from Pepperdine University School of Law.


Publications

Author of “10 Healthcare Trends to Watch in 2013,” December 2012, MedCityNews.

Author of “One Small Idea to Reduce Healthcare Costs: Healthcare Marketplace Collaboratives,” January 2012, MedCityNews.

Author of “Reducing Health Care Costs by Pulling IT into Healthcare Organizations,” December 2011, MedCityNews.

General contributor to “The E-Business Legal Arsenal: Practitioner Agreements and Checklists” ABA, May 2004.

Served as consultant to “Sales and Mergers of California Businesses” CEB, California March 2002.


Public Speaking

Speaker, Top Mistakes Made by Start-ups and Early Stage Companies, San Fernando Valley Bar Association MCLA presentation September 2015.

Speaker, Top 5 Mistakes Made by Start-ups and Early Stage Companies, Cal Lutheran University Huddle Campus, January 2015.

Speaker, Top 5 Mistakes Made by Startups and Early State Companies, Bruin Professionals Ventura, October 2014.

Speaker, Top Mistakes Made by Startups and Early Stage Companies, Bruin Professionals Pasadena, October 2014.

Speaker and panel leader, Advanced Contract Drafting, Sixth Annual ACCA-SoCal In House Counsel Conference, January 2010.