HPS Investment Partners’ Acquisition of of Marlin Business Services Corp.

Skadden, Arps, Slate, Meagher & Flom LLP advised HPS Investment Partners LLC on the deal, while Mayer Brown represented Marlin Business Services Corp.

HPS Investment Partners LLC, through its European Asset Value Funds, will acquire all of Marlin Business Services Corp.’s outstanding shares of common stock in an all cash transaction for $23.50 per share, as potentially subject to downward adjustment, which represents a 65% premium over the closing price of Marlin’s common stock of $14.24 on April 16, 2021.

HPS is a leading global investment firm with $68 billion of assets under management as of March 2021. HPS manages various strategies across the capital structure including through its European Asset Value Funds equipment leasing platforms with approximately $4 billion of leases.

Marlin is a nationwide provider of capital solutions to small businesses with a mission of helping small businesses fulfill their American dream. Its products and services are offered directly to small businesses and through financing programs with independent equipment dealers and other intermediaries.

The Skadden team included New York M&A partners Blair Thetford (Picture) and Joseph Coco, and associate Samuel Cammer.

Mayer Brown represented Marlin Business Services Corp. with a team led by Corporate & Securities partner Bill Kucera and associate Ryan Ferris (both Chicago) and included: Financial Services Regulatory & Enforcement – partner Jeffrey Taft (Washington DC); Banking & Finance – partner Barbara Goodstein (New York); Employment & Benefits – partner Stephanie Vasconcellos; Litigation & Dispute Resolution – counsel Maritoni Kane (both Chicago) and Meytal McCoy (Washington DC); Intellectual Property – partner Rich Assmus (Chicago) and associate Tiffany Brown (Los Angeles); Corporate & Securities – partners Lei Shen, Larry Hamilton and Bruce Perce and associates Mark Dunham, Laura McKenzie, Maya Rahwanji (all Chicago) and David Heales; Tax Transactions & Consulting – partner Jason Bazar and associate Stephanie Wood (all New York); and Real Estate Markets – partner David Saye and counsel Philip Runkel (both Charlotte).

Involved fees earner: Richard Assmus – Mayer Brown; Jason Bazar – Mayer Brown; Tiffany Brown – Mayer Brown; Mark Dunham Jr. – Mayer Brown; Ryan Ferris – Mayer Brown; Barbara Goodstein – Mayer Brown; Lawrence Hamilton – Mayer Brown; David Heales – Mayer Brown; Maritoni Kane – Mayer Brown; William Kucera – Mayer Brown; Meytal McCoy – Mayer Brown; Laura McKenzie – Mayer Brown; Bruce Perce – Mayer Brown; Maya Rahwanji – Mayer Brown; Philip Runkel – Mayer Brown; David Saye – Mayer Brown; Lei Shen – Mayer Brown; Jeffrey Taft – Mayer Brown; Stephanie Vasconcellos – Mayer Brown; Stephanie Wood – Mayer Brown; Samuel Cammer – Skadden Arps Slate Meager & Flom; Joseph Coco – Skadden Arps Slate Meager & Flom; Blair Thetford – Skadden Arps Slate Meager & Flom;

Law Firms: Mayer Brown; Skadden Arps Slate Meager & Flom;

Clients: HPS Investment Partners LLC; Marlin Business Services Corp.;

Author: Martina Bellini