Advising on M&A transactions, either share deals or asset deals, a good part of Mr. Tobias Habermann’s practice involves drafting contracts (e.g. letters of intent, non-disclosure agreements, shareholders’ agreement, participation agreements and transfer agreements), conducting due diligence, including “red flag” due diligence reports, and accompanying transactions to the closing.
As part of his venture capital and private equity practice, Tobias advises founders, shareholders, and investors, always paying close attention to the specific situation of the company. Tobias ensures that his clients’ interests are represented and seeks to achieve a balanced and target-oriented cooperation between the parties. He also prepares documentation for the financing of companies (e.g. participation and shareholder agreements, articles of association, rules of procedure for management, and employee stock option programs (ESOP)).
Tobias advises companies on the structuring and placement of bonds on the capital market, both as part of public offerings and private placements. He assists companies by preparing the investor memorandum or prospectuses as well as securities information sheets. Finally, Tobias advises companies during the post-issuance period with the fulfilment of obligations vis-à-vis investors.
Tobias assists clients in matters of banking supervision law and develops business models within the framework of banking regulations, together with clients and in discussions with Germany’s Federal Financial Supervisory Authority (BaFin).
A further focus of Tobias’ practice is to advise clients on corporate law matters in connection with corporate housekeeping. In the course of this, he represents shareholders and companies, as well as their executive bodies in difficult conflict situations with a solution-oriented approach. As part of this practice, he also advises on liability issue matters for board members and managing directors.