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Restaurant Reporter Legal Commentary and Resources for the Restaurant Industry

Category Archives: Restaurant Finance

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Access to Capital for Development Stage Restaurant Concepts

Posted in Restaurant Finance

Faculty: Gerard Centioli, Icon LLC, Founder, President and Chief Executive Officer, www.icon.com Kurt Huffman, Chefstable LLC, Owner, http://chefstablegroup.com Sam Goldfinger, The One Group, CFO, www.theonegroup.com Brad Klapper, Nourish Capital, Managing Partner, www.nourishcapital.com Marc Williams, DWT, Attorney, www.dwt.com Session Purpose: Earlier stage restaurants have learned to be extra creative and resourceful in obtaining financing over the… Continue Reading

Demystifying Private Equity for Growth Restaurant Concepts

Posted in Restaurant Finance

Faculty: Chris Reilly, KarpReilly LLC, Co-Founder, http://www.karpreilly.com/ Jon Owsley, Catterton Partners, Partner, http://www.cpequity.com/ Laird Koldyke, Winona Capital Management, Managing Partner, http://www.winonacapital.com/index.htm Mark Saltzgaber, http://www.marksaltzgaber.com/index.php Russ Bendel, Habit Restaurants LLC, CEO, http://www.habitburger.com/no-substitute-for-quality/ Greg Dollarhyde, Veggie Grill, Inc., CEO, http://veggiegrill.com/ Session Purpose: Not surprisingly, growth financing for emerging restaurant concepts has been challenging to obtain the past… Continue Reading

A New Meaning to “Eat and Run”? Restaurants and Mobile Payments

Posted in Government/Regulation/Alcohol, Restaurant Finance

Many mobile payment systems tailored for restaurants and other food vendors were introduced in 2011.  Restaurant-industry insiders say 2012 could be a year of widespread adoption of these systems – and possibly a shakeout among them. Set forth below is a brief overview of leading systems, followed by a discussion of key legal and network-rules… Continue Reading

Revised Standards for an Accredited Investor: A Legislative Update on Dodd-Frank

Posted in Restaurant Finance

Restaurant businesses depend on private investors for capital. Fledgling restaurants need the funds to pay startup costs, while more established restaurants need it to expand, renovate, and maintain adequate working capital. Whether you interpret them as an appropriate correction to protect investors or an unnecessary restriction on the flow of private investment, recent amendments to… Continue Reading

From the Buy Side: The Mini-Financing Contingency

Posted in Restaurant Finance

In an ideal buyer’s world, every potential buyer or bidder in an auction would be able to negotiate a full financing contingency as a closing condition to an acquisition.  However, in a competitive bidding scenario or even in a scenario where the seller has considerable leverage in the transaction, a buyer sometimes must forgo the… Continue Reading

Tips for Limiting Seller Liability in Restaurant M&A Transactions

Posted in Restaurant Finance

Along with enjoying the decline in target valuations caused by the economic downturn, both strategic and financial buyers have enjoyed leverage in negotiating seller liability provisions in merger and acquisition transactions. As the economy improves, it is expected that sellers will regain some leverage in negotiating these provisions. Due to the restaurant industry’s retail and… Continue Reading

Bankruptcy Basics

Posted in Restaurant Finance

There are two kinds of bankruptcy:  liquidation and reorganization.  Chapter 7 governs the liquidation of all debtors.  Chapters 9, 11, 12, and 13 provide for reorganization of different types of debtors – municipalities, companies, farmers, and individuals.    Liquidation is straightforward.  A trustee is appointed to investigate the debtor’s assets, liquidate nonexempt assets, and distribute… Continue Reading

The Pros and Cons of the Affinity Investor

Posted in Restaurant Finance

Restaurant businesses attract more affinity investors than most other businesses. Affinity investors tend to value the non-economic benefits of their investment more than the economic returns.  They value their ability to associate with the restaurant’s management and staff, and they enjoy the recognition they receive from friends and business associates. They also may believe that… Continue Reading