Charles A. Cotter

Chuck Cotter chairs the Food and Beverage Group at Holland & Hart LLP, where he provides advice to companies at all stages of growth, from start-ups to publicly listed companies, helping them successfully raise capital, complete acquisitions and divestitures, and comply with regulatory requirements. His experience at Holland & Hart, a leading Wall Street law firm, and in-house at a major hedge fund allows him to help growth and/or exit-oriented clients determine the best way to reach their objectives — whether that be an IPO, a sale, or other option – and has included deals ranging in size from a few million dollars to over five hundred million. He represents start-up companies from initial formation and financing rounds, through growth stages, and culminating in exit strategies. Chuck represents a substantial number of clients, both small and large, in the food, beverage, and natural products space, such as Boulder Food Group, Purely Elizabeth, ChiaViva!, CleanWell, Dale Katechis and Oskar Blues Brewery, EvoHemp, Hotbox Roasters, the Odell family, and Yummari.  A sample client list can be seen at: https://www.hollandhart.com/food-and-beverage.

Experience

Representative Matters

  • Represented Dale Katechis and Oskar Blues Brewery, LLC in its recapitalization and partnership with Fireman Capital Partners
  • Represented the Odell family members in the sale of their majority interests in Odell Brewing Company, Inc.
  • Multiple offerings of Common Units representing limited partner interests in DCP Midstream Partners, LP, and American Midstream Partners, LP
  • Represented a public company in its acquisition of a bank holding company
  • Multiple debt offerings for DCP Midstream Partners, LP
  • Represented public company in connection with a going private tender offer
  • Represented a public company in a cross-border private transaction
  • Represented Ellington Financial LLC in its initial public offering and listing on the New York Stock Exchange
  • Represented company in contemplated initial public offering of common stock (estimated $350 million) and listing on the NYSE
  • Represented underwriters in connection with the public offering of $22 million of common stock of a Nasdaq-listed company
  • Represented underwriters in connection with the public offering of $63 million of common stock of a NYSE-listed company
  • Represented Nasdaq-listed company in public offering of $100 million of common stock and concurrent private placement of $40 million of common stock
  • Represented Nasdaq-listed company in $100 million public offering of common stock pursuant to standby equity distribution agreement with alternative investment manager
  • Represented NYSE-listed company in $128 million public offering of common stock
  • Represented NYSE-listed company in $500 million at-the-market public offering of common stock
  • Represented NYSE-listed company in $45 million private placement of common stock and warrants
  • Represented NYSE-listed company in $93 million public offering of common stock
  • Represented Nasdaq-listed company in $330 million acquisition of privately-held company
  • Represented major international bank in connection with establishing an online auction platform for the purchase and sale of private equity and hedge fund interests by accredited investors
  • Represented a private buyer in its acquisition of a private textiles company
  • Represented a sporting apparel company in its sale to a brand acquisition company

Honors and Awards

  • BizWest Boulder Valley 40 Under Forty Leaders (2015)
  • Colorado Super Lawyers® Rising Stars, Securities & Corporate Finance (2014-2016)

Speaking Engagements

Speaker, ExpoWest

Master of Ceremony, LOHAS Conference

Official Legal Advisor, FoodBytes

Speaker, The Merage Institute Food Tech Program

Moderator, “Raising Capital For Your Business in 2013,” Holland & Hart Breakfast Briefing, April 2013

Community Involvement

  • Director, Worldbuilders Inc., a 501(c)(3) charity
  • Director, The Growe Foundation, a 501(c)(3) charity

Education

Columbia Law School (J.D. 2003)

Vassar College (B.A. 2000)