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Latham & Watkins Advises Bang Energy in Its Signing of an Asset Purchase Agreement With Monster Beverage Corporation

July 7, 2023
Multidisciplinary Latham team across M&A, antitrust, restructuring, and bankruptcy litigation represented Bang Energy, a leading energy drinks and performance beverage manufacturer, in the acquisition.

Monster Beverage Corporation (Monster) and Vital Pharmaceuticals, Inc. (together with certain of its debtor affiliates, Bang Energy) has announced they have entered into an Asset Purchase Agreement (APA or Agreement) under which a subsidiary of Monster would acquire substantially all of Bang Energy’s assets, including a beverage production facility located in Phoenix, Arizona. Under the terms of the APA, subject to satisfaction of certain closing conditions, Monster will acquire Bang Energy’s performance beverages and related Bang Energy businesses through the purchase of substantially all of Bang Energy’s assets. The Transaction is subject to certain terms and closing conditions, which include obtaining Bankruptcy Court approval.

Latham & Watkins LLP advised Bang Energy in the transaction with a corporate team led by New York partners Stelios Saffos, Peter Sluka, and Daniel Mun and New York counsel Ben Kaplan, with associates Ben Gelfand and Trevor Kim. Advice was also provided on antitrust matters by New York partner Katherine Rocco and Bay Area counsel Jason Daniels, with associates Doug Tifft, Karen Kim, and Sean Mulloy; on restructuring matters by Washington, D.C. partner Andrew Sorkin, New York partner George Davis, Chicago partner Caroline Reckler, and New York counsel Hugh Murtagh; and on litigation matters by Los Angeles partner Amy Quartarolo and Washington, D.C. partner Abid Qureshi; on real estate matters by New York partner Justin Elliott, with associate Karen Ritter; on tax matters by New York partner Eric Kamerman, with associate Lukas Kutilek; and on intellectual property matters by Los Angeles partner Ghaith Mahmood, with Century City associate Nathan Wages.