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Evan M. Malloy

Biography

Evan M. Malloy represents a variety of publicly-traded and privately-held corporate clients in complex mergers and acquisitions, including negotiated acquisitions and divestitures and controlled auctions, in the US and Canada. Among numerous others, Mr. Malloy has represented TPG Capital, Sabre Corporation, Preferred Pump & Equipment and AZZ Inc. in connection with mergers and acquisitions transactions.  Mr. Malloy also regularly advises clients on various aspects of corporate and securities laws, including financial reporting, SEC compliance and corporate governance matters.  Additionally, he has extensive experience assisting clients with various capital markets transactions involving public and private issuances of debt and equity securities.

Mr. Malloy has been repeatedly recognized as a "Top Lawyer" by Fort Worth, Texas magazine and as a "Rising Star" by Texas Monthly in the field of mergers and acquisitions.  Mr. Malloy has also been recognized as a "40 Under 40" honoree by the Fort Worth Business Press.

Experience and highlights

Mergers and Acquisitions

  • Led the representation of New Birmingham, Inc. in its $225 million sale to U.S. Silica Holdings, Inc. (NYSE) and its related spin-off of its iron ore business and certain other assets
  • Led the representation of American Beacon Advisors, Inc. (a portfolio company of TPG Capital and Pharos Capital Group) in its sale to Kelso & Company and Estancia Capital Management
  • Led the representation of Williams Trew Real Estate Services, LLC in the sale of substantially all of its assets to Ebby Halliday, Inc
  • Led the representation of a manufacturer of drilling machinery in the $65 million sale of its business to a strategic competitor
  • Led the representation of Hastings Entertainment, Inc. (NASDAQ) in connection with its acquisition by an affiliate of National Entertainment Collectibles Association, Inc. for a total equity value of approximately $76 million
  • Led the representation of Sabre Corporation (NASDAQ) in connection with its acquisition of the assets of Genares Worldwide Reservation Services, Ltd.
  • Led the representation of Preferred Pump & Equipment, L.P. in the acquisition and sale of multiple water well drilling and pump distribution businesses throughout the United States
  • Led the representation of a family office and its portfolio company in connection with an equity investment and related commitment from a private equity firm and in the subsequent acquisions by the portfolio company of various businesses in the aeronautics industry
  • Led the representation of a software company in connection with its $60 million sale to a strategic competitor
  • Led the representation of a specialty lending company in connection with a corporate restructuring involving equity commitments from two private equity firms and in the subsequent acquisitions of multiple consumer finance and rent-to-own businesses
  • Led the representation of an automotive accessories company in connection with the $60 million sale of its assets to a private equity firm
  • Led the representation of a fixed base operator in connection with the $26 million sale of its assets and operations at an international airport
  • Led the representation of a U.S. and Canadian investor group in connection with its multimillion dollar acquisition of a Canadian manufacturer of oil and gas drilling products
  • Led the representation of a waste management company in connection with numerous acquisitions of assets from strategic competitors, with purchase prices ranging from $5 million to $15 million, and in connection with multimillion dollar sales of several operating divisions to strategic competitors
  • Led the representation of a manufacturer of oil and gas drilling products in connection with a $20 million equity investment by a consortium of private equity firms
  • Assisted in the representation of AZZ incorporated (NYSE) in its $250 million acquisition of Aquilex Specialty Royalty and Overhaul L.L.C.
  • Assisted in the representation of AZZ incorporated (NYSE) in the $126 million acquisition of North American Galvanizing & Coatings, Inc. (NASDAQ) through a tender offer and subsequent merger
  • Assisted in the representation of AMR Corporation (NYSE), parent company of American Airlines, Inc., in the $480 million sale of its wholly-owned subsidiary, American Beacon Advisors, Inc. to TPG Capital and Pharos Capital
  • Assisted in the representation of an oil and gas services provider in connection with the $53 million sale of its and its affiliates’ assets to a strategic competitor
  • Assisted in the representation of AZZ incorporated (NYSE) in the $80 million acquisition of assets from Nuclear Logistics Incorporated, a provider of electrical and mechanical equipment and services for enhancing the safety of nuclear facilities
  • Assisted in the representation of AZZ incorporated (NYSE) in the multimillion dollar acquisitions of galvanizing businesses from Galvan Metal Inc., a strategic competitor with operations in Quebec, Canada, Galvcast Manufacturing Inc., a strategic competitor with operations in Ontario, Canada, and G3 Galvanizing Limited, a strategic competitor with operations in Nova Scotia, Canada

Financial Reporting and Corporate Governance

  • Assisted in the representation of a NASDAQ public retail company in connection with its stock option exchange program
  • Assisted in the representation of NYSE and NASDAQ public companies in connection with the drafting and adoption of various equity incentive plans and with the registration of securities to be issued thereunder
  • Assisted in the representation of NYSE and NASDAQ public companies in connection with the preparation of annual, quarterly and periodic SEC reports and proxy statements and information statements regarding annual and special meetings of shareholders
  • Assisted in the representation of AZZ incorporated (NYSE) in a private placement of $125 million of senior unsecured notes
  • Assisted in the representation of a public partnership in connection with its defense in a proxy fight

Capital Markets

  • Assisted in the representation of AZZ incorporated (NYSE) in a private placement of $125 million of senior unsecured notes
  • Assisted in the representation of AZZ incorporated (NYSE) in connection with a Private Shelf Agreement providing for possible private placements of up to $100 million of senior unsecured notes
  • Assisted in the representation of XTO Energy, Inc. in registered public offerings of equity and debt securities with proceeds exceeding $1 billion
Affiliations and honors
  • Texas Super Lawyer, Rising Star, in the field of Mergers and Acquisitions, 2012-2016, published in Texas Monthly magazine
  • Selected as "Top Attorney" by Fort Worth, Texas magazine, 2008-2009, 2014-2016
  • Texas Bar Foundation, Fellow
  • 40-under-40 Honoree, Fort Worth Business Press, 2017
Education
  • Texas Tech University School of Law, J.D., summa cum laude, 2006
         Director, Texas Tech Board of Barristers
         Articles Editor, Texas Tech Law Review 2004-2006
         Order of the Coif
  • Trinity University, B.A., magna cum laude, 2003
Admissions
  • State Bar of Texas, 2006
Speeches & Publications
  • "Modification of Employee Benefits Plans through Merger: An Analysis of Halliburton Company Benefits Committee v. Graves," at Kelly Hart & Hallman CLE, January 12, 2007
  • Evan M. Malloy, "Closing the Antitrust Door on Foreign Injuries: U.S. Jurisdiction Over Foreign Antitrust Injuries in the Wake of Empagran," 38 Tex. Tech. L. Rev. 395 (2006)