John P. Kabealo, P.C.

Representations by John since joining Kirkland include:

• Consortium of Global Infrastructure Partners (GIP) and EQT in its pending $33.4 billion acquisition of AES (NYSE: AES), a provider of clean energy to corporations, and GIP in its consortium arrangement to acquire AES;
• An investor consortium comprised of AI Infrastructure Partnership, MGX and BlackRock's Global Infrastructure Partners in its pending $40 billion acquisition of Aligned Data Centers, a provider of data center solutions, from Macquarie Asset Management;
• Clear Channel Outdoor Holdings (NYSE: CCO), a provider of out-of-home advertising, in its pending $6.2 billion sale to Mubadala Capital, in partnership with TWG Global;
• Triton Partners in its acquisition of Integris Composites, a provider of lightweight, mission critical survivability and protection solutions, from Agilitas Private Equity;
• Cloud Software Group in its pending sale of Jaspersoft, a provider of a business intelligence and reporting platform, to HCLSoftware;
• American Broadband Holding in its sale to Macquarie;
• Omni Design Technologies in its Series A investment by CDB-TEN Investors;
• ArcLight Capital Partners, an investor in power and electric infrastructure, in its pending $1.05 billion sale to DigitalBridge Group (NYSE: DBRG).

Representations by John’s firm included:

• A leading, highly diversified global investment manager with multiple multibillion dollar acquisitions of its general partner, ongoing CFIUS compliance obligations and regular filings before the Committee;
• A Czech acquirer in its $4 billion purchase of a publicly traded, multinational logistics business;
• A UK acquirer of a defense contractor with software used in the Ground-Based Strategic Deterrent nuclear program;
• An educational technology company in connection with its $875 million sale to a European acquirer;
• A Czech acquirer in its $341 million acquisition of a software and services firm that contracts with the U.S. government;
• A semiconductor company in a multistage Series B equity financing and subsequent acquisition by a global semiconductor manufacturer;
• A farming operation in a $1 billion sale to a Brazilian acquirer;
• A “new satellite” company in connection with an equity financing triggering a mandatory CFIUS filing as well as ongoing compliance obligations;
• A defense contractor in connection with CFIUS national security agreement and Defense Counterintelligence and Security Agency FOCI mitigation instrument compliance obligations;
• A UK communications and artificial intelligence company in connection with an acquisition triggering CFIUS and DCSA approval and ongoing FOCI mitigation compliance;
• A video game development studio in connection with its $250 million sale to a Chinese acquirer and ongoing compliance with a national security agreement;
• An advanced chemical engineering firm in connection with multiple CFIUS filings;
• A publicly traded Chinese company in a successful acquisition of a startup with technology based on U.S. government-developed R&D;
• A venture-stage investor in a startup technology company that was subsequently publicly traded and valued at more than $2 billion. The investor engaged Kabealo after being ordered to divest its holdings by CFIUS. John guided the investor through a new CFIUS process, which resulted in full CFIUS approval with no conditions;
• An early round investor in a space technology firm undergoing a CFIUS enforcement action, including the negotiation of preferential rights in relevant transaction documents and successful navigation of the national security agreement negotiation process;
• Multiple targets and investors undergoing the CFIUS “non-notified” process, including successful defense against jurisdiction and negotiation of national security agreements with the Committee.

Representations by John while at a prior law firm included:

• Nokia, in its $16.6 billion acquisition of Alcatel-Lucent;
• Intel Corporation in its $4.2 billion joint venture with TPG Capital, L.P. to form an in dependent cybersecurity company called McAfee;
• Hewlett Packard Enterprise Company in its $8.8 billion sale of its software business to Micro Focus International plc;
• Apex Technology Co., Ltd. as a member of a buyer consortium in its $4 billion acquisition of Lexmark International Inc. This was the second-largest outbound acquisition in the technology sector ever completed by a Chinese investor and the third-largest U.S. public takeover ever completed by a Chinese investor. This transaction was named one of China Business Law Journal’s 2016 Deals of the Year;
• Sprint Nextel Corporation in its:
  
  • $21.6 billion sale to SoftBank Corporation (recognized as the “Global M&A Deal of the Year: Grand Prize” by The American Lawyer and in the Corporate & Commercial category in the Financial Times’ 2013 U.S. “Innovative Lawyers” report); and
  • $2.2 billion acquisition of the 50% stake in Clearwire Corporation.
• Bain Capital and Golden Gate Capital as co-lead investors in their $7 billion take-private of BMC Software, Inc;
• China Three Gorges Corporation in its acquisition of a 21.35% stake in Energias de Portugal S.A. for €2.69 billion;
• An affiliate of Veritas Capital in its $690 million acquisition of the government IT services business of Harris Corporation;
• The AES Corporation and Alberta Investment Management Corporation (AIMCO) in their $853 million acquisition of FTP Power LLC (sPower);
• A123 Systems, Inc., a maker of advanced lithium ion batteries, in its sale to Wanxiang Group Companies;
• L-1 Identity Solutions, a manufacturer and provider of biometrics capture hardware and software, in its sale to Safran SA;
• EMC Corporation in the contribution of its Iomega Network Attached Storage Device division to a joint venture with Lenovo;
• Emcore Corporation in the divestiture of its Vertical Cavity Surface Emitting Laser division to Sumitomo.

Founder, Kabealo PLLC

Associate, Skadden, Arps, Slate, Meagher & Flom