Sunil Patel
Home: +1-212-***-**** or Cell: +1-646-***-****
Email: **************@*****.***
PROFESSIONAL EXPERIENCE
Macquarie CAPITAL group - New York (Nov 2006- dec 2010)
Senior Vice President
General Counsel and Chief Compliance Officer
Head of Transaction Structuring
Responsible for all legal and compliance matters for Macquarie's US and
global private equity group including dealing with '40 Act audits and
preparation for audits. Managed a number for senisitve litigious matters to
economic settlement. Implimented corporate governance protocols and
Investment Advisers Act compliance program throughout the group. Worked
directly with the head of the private equity group to identify
organizational needs, develop strategic fund plans, and execute key
operational initiatives to boost productivity and performance (including
institutional carry arrangements). Challenged to lead the successful
structuring of a number of complex cross-border M&A transactions, with full
accountability for drafting and negotiating acquisition transaction
documentation, as well as proactively resolving structural, legal,
accounting, and tax issues.
Selected Highlights of Consummated Transactions:
. Developed Macquarie's private equity group. Including direct
responsibility for managing the global legal and transaction structuring
team and '33, '34 and '40 Act and SEC securities related matters.
. Responsible officer for ERISA / 401K / 409A tax deferral compliance for
Macquarie's private equity funds, including the development of employment
contracts and long term incentive performance arrangements for the
management teams of Sentient Flight Group, Gateway Casinos and Petermann
Buses.
. Acquired and maintained expertise in North American, European, and
Australasian securities regulations, international foreign investment,
anti-trust, and corporate governance matters.
. Led negotiations and the development of acquisition structures for a
number of large transactions including: the USD800 million public
takeover of an Australian listed private equity fund by a consortium of
global secondary fund managers; the USD230 million acquisition of
Petermann Buses; and the USD100 million acquisition of Sentient Flight
Group and Everest Fuel Management.
. Pioneered the establishment of Macquarie's Mexican office and the
company's Insurance Captive Business in the United States and relied upon
to manage all operations and compliance.
. Successfully negotiated the USD1.2 billion deal with creditors involving
the reorganization of Macquarie's investment in Gateway Casinos (Canada)
and played a supporting role in the ongoing reorganization of European
Directories (EURO2 billion).
. Contributed leadership skills in hiring, training, and managing an
international team of external advisors; oversaw production of investor
performance reports and regulatory filings and dealing with investor
queries.
Key Funds Developed with Responsibility for Compliance and Legal Matters:
. Macquarie Mexican Infrastructure Fund (USD500 million) - Innovatively
established the first listed Mexican infrastructure fund, straddling
Mexican civil, Luxembourg law, and replicate customary US private equity
terms. The fund involved a USD100 million public bond issue in Luxembourg
and public float of securities on rthe Mexican Bolsa
. Macquarie Global Opportunities Partners, L.P. (USD650 million) -
Successfully designed and developed a new institutional carry and
management fee structure and operational manual.
. Macquarie Advanced Investment Partners, L.P. (AUD840 million) - Created a
unique hybrid secondary and traditional private equity fund to privatize
the listed Macquarie Capital Alliance Group; the fund was developed and
closed within 3 months.
Independent CONSULTant - SYDNEY (AUGUST 2006- OCTOBER 2006)
Principal
Formed a corporate consulting business specializing in commercial
transaction management and corporate governance. Performed services for
past clients including: Hutchison Whampoa, Luxottica, Macquarie and the
University of Sydney. Work performed for Macquarie led to the full time
position to head the development of an institutional private equity group
based in New York.
FREEHILLS - SYDNEY (MARCH 2000- JULY 2006)
Corporate Senior Associate
Led development of high-priority, strategic legal initiatives to increase
company's competitive market position worldwide by structuring high profile
public and private M&A transactions. Proficiently provided legal and
business advice to corporate executives. Spearheaded a broad range of
international projects and transaction structuring.
Selected Highlights of Consummated Transactions and IPOs:
. Managed DCA Group Limited's public issue of convertible bonds in
Singapore (AUD110 million) and its public issue of HELTHYS (hybrid bond
security) on the ASX (AUD200 million)
. Managed Macquarie International Infrastructure Fund's AUD900 million
public float in Singapore and Macquarie Infrastructure Holdings' AUD550
million private float in Switzerland.
. Directed Thai Military Bank's joint venture with Macquarie Group Limited.
. Played a key role in Luxottica Group's hostile public takeover of OPSM
Group Limited; deal was valued at AUD550 million.
. Managed Macquarie's acquisition of Broadcast Australia and the float of
that business as the seed asset for Macquarie Communications
Infrastructure Group (AUD1.1 billion) and public bond issue.
. Macquarie Communications Infrastructure Group in its capital raising for
its acquisition of a controlling stake in ntl UK (now called Arquiva)
(AUD800 million)
. Austar United Communications Limited (a subsidiary of Liberty Media)
public rights issue (AUD20 million)
. San Miguel in its takeover of J. Boag & Son Limited (AUD72 million)
Secondment - Hutchison Whampoa Limited - Hong Kong (2003)
Assistant General Counsel and Commercial Manager
Recruited by the executive directorship to a high-profile position leading
the negotiations and drafting of global commercial terms of sale of
telecommunication networks in Asia and Africa. Championed the litigation
against a joint venture partner and provided operational commercial legal
services, by applying case management and legal skills.
Jackson mcdonald - Perth (february 1997 to february 2000)
Senior Associate
Jackson McDonald is the only large, independent, commercial law firm in
Western Australia with 27 partners and 150 staff. Obtained exposure to a
wide range of legal areas establishing a firm broad-based legal foundation
including significant experience in labour law, commercial litigation,
mining and resources and coporate law.
Major projects and clients:
. Labour Law - Junior counsel for a number of trade union disputes and
significant role in negotiating collective bargaining arrangements with a
number of trade unions.
. Financing / Debt raising Responsible solicitor for Scottish Pacific
Business Finance Pty Limited - preparing all financing documents
(including security documents) and directing enforcement proceedings.
. Alinta Gas Limited - managing the due diligence process in the
privatization of Alinta Gas
. Litigation Acted as junior counsel in various litigations in the Federal
and Supreme Court of Western Australia including joint venture disputes
and Trade Practice actions.
. Resource law Managing the sale of Consolidated Gold Mines Limited and
Arimco Mining Pty Limited and advising on the restructure of Western
Mining Corporation's pastoral lease holdings.
EDUCATION
Bachelor of Commerce (Accounting and Finance) and Laws
Murdoch University, Perth, Australia (With Honours - Distinction Average),
1996
(Academically Equivalent to a Bachelor of Business Administration with a
concentration in Accounting, and a Juris Doctor Degree in an accredited US
University)
PROFESSIONAL QUALIFICATIONS - Admitted as Barrister and Attorney.[pic]