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Latham Advises SLR Capital on Debt Restructuring, Structured Equity Investment, Corporate Governance, and Other General Corporate Matters in Connection With the Vapotherm Merger and Take-Private

June 17, 2024
Multidisciplinary team represents SLR Capital, a leading private capital investor, in the transaction with Vapotherm, a leading advanced respiratory technology company.

Vapotherm, Inc. (OTCQX: VAPO), (Vapotherm), has announced that it has signed a definitive merger agreement with a newly formed entity organized and funded by an affiliate of Perceptive Advisors, LLC, a leading healthcare investment firm (Perceptive), and its Perceptive Discovery Fund. Concurrently with the entry into the definitive merger agreement, affiliates of SLR Capital Partners have agreed to convert a portion of their term debt into preferred equity of the newly formed entity and retain the remainder of their term debt, and Perceptive will invest new preferred equity capital into the business.

Latham & Watkins LLP represents SLR Capital in the transaction with a transactional deal team led by New York partner Daniel Mun, Bay Area/New York partner Haim Zaltzman, Bay Area partner Dan Van Fleet, and New York counsel Jennifer Wong, with associates William Tevlin, Tyler Miller, Gemma Zhang, Trevor Church, and Anna Tomlinson. Advice was also provided on tax matters by Los Angeles partner Eric Cho, with associate Sam Yang; on benefits matters by Washington, D.C. partner Nikhil Kumar and Washington, D.C. counsel Laura Szarmach, with associate Amulya Vadapalli; on finance matters by New York partner Larry Safran; on capital markets matters by Los Angeles partner Arash Aminian Baghai, with associate Ryan Gold; on FDA regulatory matters by Washington, D.C. partner Ben Haas, with associate Meryl Bartlett; on healthcare regulatory matters by Bay Area partner Betty Pang, with associate Yanyan Zhou; on EU regulatory matters by Paris/Brussels partner Eveline Van Keymeulen, with associate Jeanne Fabre; on intellectual property matters by Los Angeles partner Ghaith Mahmood and New York partner Jessica Cohen, with associate Zachary Shufro; on data privacy matters by Bay Area partner Robert Blamires, with associate Kathryn Parsons-Reponte; on real estate matters by New York partner Justin Elliott; on environmental matters by Los Angeles partner Aron Potash, with associate Kate Johnstone; on antitrust matters by New York partner Katherine Rocco, Frankfurt partner Max Hauser, Hamburg partner Jana Dammann, Washington, D.C. counsel Britton Davis, and Bay Area counsel Jason Daniels, with associate Helena Hofmann; on CFIUS matters by Washington, D.C. counsel Ruchi Gill; and on securities regulatory matters by New York partner Gail Neely and Washington, D.C. partners Joel Trotter and Michele Anderson.