We have assisted BlueTarp Financial Inc., a leading provider of credit and transaction information services to the building materials industry, with numerous rounds of capital raising, including a $15 million Series D Convertible Preferred Stock issuance led by Long Ridge Equity Partners and including existing investors Trinity Ventures, Highland Capital Partners and Flybridge Capital Partners. This was paired with an expansion of its senior secured working capital line of credit. We have also assisted BlueTarp with their related technology and retail financial regulatory needs.

We assisted Sprague Operating Resources with the $22 million acquisition of the natural gas marketing and electricity brokerage business assets of Metromedia Gas & Power, Inc. and its subsidiaries.

On behalf of our client, the Markley Group, we successfully negotiated a $240 million syndicated bank financing package with TD Bank. Markley Group is New England's largest and longest operating multi-tenant, mission-critical telecommunications and data center facility.

Pierce Atwood served as lead counsel to Casella Waste Systems in its $47 million acquisition of waste disposal assets in western Massachusetts and Albany, New York from publicly traded Republic Waste and its affiliates.

Represented Brascan Corporation/Great Lakes Hydro America (publicly traded real estate and power generation company headquartered in Toronto) in the acquisition out of bankruptcy of paper mills in Maine from Great Northern Paper Company. $140 Million Acquisition of Paper Mills (Bankruptcy District of Maine)

We represented the Town of East Millinocket, Maine in its acquisition of the East Millinocket mill, the former Great Northern Paper Co. LLC mill site. The acquisition was the culmination of over a year and half of work by town leaders and a variety of agencies to buy the property.

Assistance and counsel on acquisition and development of new groundwater sources.

We assisted Advantage Capital Partners in organizing and establishing a NMTC-based pooled loan fund under the federal and State of Maine new markets tax credit programs. Through the pooled loan, Advantage increased its investment power and positioned itself to help more business grow. We assisted with the subsequent $10 million debt, convertible debt, and equity investment in a veterinary pharmaceutical company. We also assisted with a $27 million investment in a manufacturer producing merchandise displays systems.

We helped Massachusetts and California based Advanced Cell Technology grow from an angel-backed start-up through several venture rounds and ultimately to a publicly traded platform. Advanced Cell Technology is one of the world’s leading companies commercializing stem cell cloning technologies. We helped Advanced Cell with multiple rounds of private and ultimately public capital raising, numerous joint ventures, technology transfer arrangements, licensing transactions, and management of their intellectual property assets.

Represented Anthem Insurance Companies, Inc. in its $102.5 million acquisition of Blue Cross and Blue Shield of Maine.

Representation of a NASDAQ-listed issuer in a $10 million at-the-market public offering.

Representation of Athens Energy and its sister company, Maine Woods Pellet Company, in connection with all aspects of the financing of a $38 million biomass electricity generation facility, including $31 million of new markets tax credit financing ($31 million of State of Maine allocation and $7.5 million of federal allocation) and the syndication of renewable energy investment tax credits (ITC).

Pierce Atwood participated in Backyard Farms’ transition to the Mastronardi Family. As a wholly-owned affiliate of Mastronardi Produce, Ltd., Backyard Farms will continue to grow its operations and maintain its successful recipe for producing high-quality greenhouse-grown tomatoes while providing excellent employment opportunities for Mainers.

We helped our client Bristol Seafood, a Portland based seafood processor and distributor, to raise equity capital from two new investors. The investment involved common and preferred instruments and resulted in a substantial minority stake being sold. Bristol Seafood’s incumbent management team remains in place and they will now be able to significantly expand operations. One of Bristol Seafood’s new investors is David Roux, formerly of Lewiston, Maine, who is a partner in the noted private equity firm Silver Lake Partners.

Pierce Atwood advised BTU International, a publicly traded global supplier of thermal processing equipment, in a stock for stock, tax-free merger with Amtech (NASDAQ: ASYS), a global supplier of production and automation systems.

For a Fortune 1000 company, we successfully negotiated a build to suit lease amendment for a 246,000 square foot corporate headquarters including federal and state registration and development of 140 lot residential subdivision.

Pierce Atwood has supported client Alloy Market Inc. on a range of legal issues as it has grown from an idea to multimillion-dollar business with a national footprint. An online platform where individuals can sell their gold and jewelry, Alloy’s vision is to revolutionize the gold exchange industry with a tech-first solution.

We advised Burgess Biopower on all aspects of financing the redevelopment of a shuttered paper mill into a state-of-the-art 75 MW biomass power plant located in Berlin, New Hampshire, which will burn waste biomass and sell power to the grid. The financing involved several sources of funds, including $63.5 million of new markets tax credit financing with allocation from six CDEs. The project also involved a $90 million section 1603 cash grant in lieu of an investment tax credit or production tax credits. The balance of the project was financed by $200 million of rated bonds provided by a consortium of financial institutions. We also advised with respect to EPC agreement, off-take power purchase agreement with PSNH and all project related agreements.

Pierce Atwood acted as real estate and environmental permitting counsel for Calpine Corporation in its $530 million acquisition of the 809 MW Fore River Generating Station in North Weymouth, Massachusetts from Exelon Corporation in 2014. Pierce Atwood attorneys from the Real Estate, Energy, Environmental and State and Local Tax practice groups worked seamlessly to analyze and resolve the many complex land use, tax, and environmental issues. The initial bid preparation through purchase agreement negotiation was accomplished in 15 weeks. Our work included analysis and management of complex tidelands, former coal ash disposal, dual fuel delivery requirement, and management of active MassHighway bridge relocation through the center of project site.

Represented Casella Waste Systems in connection with the acquisition of waste hauling and handling company, Oceanside Rubbish, Inc., based in Sanford, Maine.

Pierce Atwood represented Casella Waste Systems in the acquisition of Complete Disposal Company, Inc. and its subsidiary, United Material Management of Holyoke, Inc., owner and operator of a solid waste transfer station in Holyoke, Massachusetts.

Represented Casella Waste Systems, Inc. in connection with the acquisition of waste hauling company Central Maine Disposal Corporation based in Fairfield, Maine.

Represented Cate Street Capital, Inc. in connection with acquisition, disposition, and financing of their portfolio of companies, including private placements, structured finance, tax advantaged finance, and traditional M&A activity. The Cate Street portfolio includes Red Desert (water reclamation facility); Sunlight Partners (solar technology development); Thermogen Industries (biocoal manufacturing); Purified Plastics (recycling and manufacturing facility); Burgess Biopower (75 MW renewable power generation facility) and Organic Nutrition Industries (renewable proteins).

Pierce Atwood represented City National Bank as a participating lender in connection with a $762 million syndicated revolving loan facility to an auto dealer, including an additional $25 million senior secured note financing and a $25 million subordinated note financing. 

Pierce Atwood represented CEI-Boulos Capital Management in connection with the formation and closing of the NBT CEI-Boulos Impact Fund, a $10 million real estate equity investment fund with NBT Bank. CEI-Boulos Capital Management will manage the fund, and Pierce Atwood will continue to advise the fund with respect to its investment activities.

We provided comprehensive representation of a renewable energy facilities developer in a series of tax exempt bond financings, a preferred stock and warrants PIPE, a private placement of common stock and five underwritten public offerings of common stock and convertible debt.

We represented an energy provider in a commercial agreement to sell compressed natural gas (CNG) to commercial customers and a related $6 million convertible preferred equity investment in the CNG supplier.

Pierce Atwood represented Consolidated Communications Holdings, Inc. in obtaining approval from the Maine Public Utilities Commission of Consolidated’s acquisition of FairPoint Communications, Inc.  The all-stock transaction was valued at approximately $1.3 billion including debt and based on present equity value. 

Represented investor in all aspects of converting a defunct paper mill into a biomass facility, including development, financing, power sale, fuel purchase, and renewable energy credits.

We have been engaged to represent Ocean Renewable Power Company, LLC in connection with its conversion into a corporation and a subsequent Series A financing.

We provided counsel to a venture capital fund in its investments in various entities including a developer of demand chain management software, a developer of clinical billing and practice management software and a developer of wind energy facilities.

Pierce Atwood represents CEI-Boulos Capital Management, LLC, in all aspects of its opportunity fund management business. This includes the creation of a $20 million private real estate investment fund in partnership with Woodforest National Bank. CEI-Boulos Capital Management manages the fund, which is investing in real estate projects in areas designated as Qualified Opportunity Zones across Woodforest's 17-state footprint. The Opportunity Zone program is a new community investment tool established by Congress to encourage long-term investments in low-income urban and rural communities nationwide. The fund was recognized by Forbes as part of the Forbes OZ 20: Top Opportunity Zone Catalysts.

Assisting Troy Scarbrough, founder of CropLocal, Inc., in setting up his S corporation. CropLocal is a virtual farmers marketplace connecting local farmers to local consumers.

Assisted Dead River Company in connection with the acquisition of the heating oil, propane and service business of Fortier & Son, Inc., located in Somersworth, New Hampshire.

Advised a Kentucky developer of solar PV projects in connection with new market tax credit opportunities, off take agreements, financing and tax credits.

Representing company in acquisition of brownfields real estate (site of former paper mill), water rights, fish egg import license, and all necessary land use and environmental permits and submerged land leases for construction and development of large land-based North Atlantic salmon farm on Penobscot Bay.

Pierce Atwood represented Ducktrap River of Maine, a leading producer of smoked salmon and seafood, in its purchase of a 50,000 square-foot property adjacent to its current Belfast location. Ducktrap’s existing 75,000 square-foot production facility is at full capacity. With the initial buildout of its new property, Ducktrap will be able to double its production capacity. Production at its new facility is expected to start in spring 2018.

Representation of Extreme Reach, Inc., the leading provider of video advertising management, delivery and measurement solutions across TV and digital media, in all-stock acquisition of Talent Partners, a Carlyle portfolio company.

Represented Fairchild Semiconductor in its acquisition of TranSiC, a Swedish semiconductor developer and manufacturer.

Represent the Maine Forest Products Council, the state's only trade association representing Maine timberland owners, forest products companies, and related suppliers, on environmental, land use, forestry, commercial, tax, and antitrust issues.