Howard A. Kenny

Howard has represented a large number of public and private companies, both US and foreign, in connection with initial public offerings (IPOs); follow-on and secondary stock offerings; public and private debt offerings of all types, including high-yield debt, convertible debt, “social bonds” and commercial paper; tender and exchange offers; and acquisitions and sales of publicly traded businesses. He has worked on many SPAC-related transactions, representing SPACs, their targets, PIPE investors, and placement agents.

He also acts as securities disclosure and corporate governance counsel to numerous publicly traded companies.

Corporate Matters (Including SPAC-Related Transactions)

• Representing Hostess Brands, Inc. in its sale to The J.M. Smucker Co. in a cash and stock tender/exchange offer valued at approximately $5.6 billion
• Eli Lilly and Company – 2023 acquisition of Sigilon Therapeutics
• enGene Inc. – 2023 deSPAC combination with Forbion European Acquisition Corp.
• 23andMe Inc. – 2021 deSPAC combination with VG Acquisition Corp. , a SPAC sponsored by Virgin Group
• CompoSecure, Inc. – 2021 deSPAC combination with Roman DBDR Tech Acquisition Corp.
• Far Point Acquisition Corp. – 2020 deSPAC combination with Global Blue A.G.
• Hostess Brands – 2016 deSPAC combination with Gores Holdings 
• Far Peak Acquisition Corp. – 2021 agreement to combine with Bullish Global  
• PIPE Investments in various deSPAC transactions, including Lucid Motors, Getty Images, SolidPower and Grab Taxi
• Zurn Elkay Water Solutions Corp – 2021 Reverse Morris Trust transaction with Regal Rexnord Corp., and 2022 acquisition of Elkay Manufacturing Company
• Smart & Final – 2019 acquisition by funds managed by affiliates of Apollo Global Management
• Dr Pepper Snapple Group – 2018 combination with Keurig Green Mountain
• The Fresh Market – 2016 acquisition by funds managed by affiliates of Apollo Global Management
• The New York Times Company’s purchases and sales of various newspaper, broadcast, internet, and other properties, including the 2022 acquisition of The Athletic, the 2017 sale of its interest in Donohue Malbaie, the 2013 sale of The Boston Globe, the 2012 sales of its Regional Media Group and About Group and its equity investment in the Boston Red Sox

Capital Raisings

• Cantor Fitzgerald – senior notes (2023, 2022, 2021, 2019, 2015 and 2010)
• BGC Partners – senior and convertible notes (2023, 2020, 2018, 2016, 2014, 2012, 2010)
• Newmark Group – senior notes (2019)
• Far Point Acquisition Corp – SPAC IPO (2020)
• West China Cement Limited – high yield notes (2021)
• Danaos Corp. – high yield notes (2021)
• The Ford Foundation – “social bonds” (2020 and 2017)
• The MacArthur Foundation – senior “social bonds” (2020)
• W.K. Kellogg Foundation – “social bonds” (2020)
• General Motors Company – private placement of convertible notes by Wejo Group Ltd (2022)
• Hostess Brands – secondary common stock offerings (2019 and 2017)
• Boot Barn – secondary common stock offerings (2018)
• Cooke Omega – high yield notes (2017)
• The New York Times Company – private placement of notes and warrants to affiliates of Carlos Slim Helù (2009); high yield notes (2010)
• Rexnord Corporation – high yield notes (2017) and mandatory convertible preferred stock (2016)
• Tempur Sealy International –  high yield notes (2016)
• BrightSphere Investment Group – senior notes (2016)
• Sprouts Farmers Market – IPO (2013) and secondary common stock offerings (2013–2015)
• High yield note offerings by CKE Restaurants and Claire’s Stores (portfolio companies of funds managed by affiliates of Apollo Global Management) (2010–2013)