Marcus J. Tibesar

Marcus is an experienced mergers & acquisitions attorney. He focuses on structuring and negotiating M&A deals and other complex business transactions as well as advising on general corporate business matters.

Marcus provides effective and efficient services to his clients at every stage of their business from start-up to succession. Marcus represents middle market companies in a wide range of corporate transactions both domestic and cross-border, including mergers, asset and stock acquisitions and divestitures, joint ventures, and strategic, venture and private equity investments.

In addition to his national and international M&A experience, Marcus is experienced in general corporate counseling for a wide range of clients, from early-stage to well-established, operationally mature companies. He has worked closely with owners, boards of directors, senior management and other personnel in a myriad of industries.

Prior to practicing law, Marcus worked at Deloitte in tax advisory, where he consulted on the tax consequences of various transactions.

Acquisitions and Investments

• Represented ADDMAN Engineering, LLC, a portfolio company of American Industrial Partners, in its acquisitions of manufacturing technology, precision machining and 3D printing companies, including Domaille Engineering, Castheon, Harbec and Dinsmore & Associates.
• Represented Tonka Bay Equity Partners in its acquisition of Standard Locknut, a manufacturer of heavy-duty bearing accessories and components, and in its acquisition of Image Audiovisuals, an audiovisual production services company.
• Represented Fairway Lawns, a Morgan Stanley Capital Partners backed company, in over 25 acquisitions, in the landscaping, lawn care, and pest control industries.
• Represented Audax and its platforms in more than 40 acquisitions.
• Represented National Auto Care, a Lovell Minnick platform, in 10 acquisitions of automotive finance and insurance agencies.
• Represented a Norwegian listed company in its purchase of a hydrogen generation manufacturer, creating the world’s largest hydrogen electrolyser company.
• Represented venture capital investors in strategic investments in start-up companies in industries such as juice and energy drink manufacturing, bicycle helmet design and wearable swimming technology.

Sales and Divestitures

• Represented EEC Acquisition (dba Smart Care Equipment Solutions), an Audax backed provider of commercial kitchen equipment maintenance, in its sale to Zone Mechanical, a portfolio company of Wind Point Partners.
• Represented Eyebobs, maker of designer eyewear and reading glasses backed by Norwest Equity Partners, in its sale to Blue Point Capital.
• Represented a protective equipment manufacturer in a $1.1 billion sale to a PE Fund.
• Represented the founders of WeCool Toys, a global designer and manufacturer of dynamic toys, crafts, and compounds (slime) for kids, in its sale to Paladone, a British company that designs, develops, and sells licensed and branded giftware.
• Represented The Carlstar Group, a manufacturer and distributor of specialty tires and wheels for a variety of verticals and a platform owned by American Industrial Partners, in its sale to a strategic acquirer, Titan International (NYSE: TWI), a global manufacturer of wheels, tires, assemblies and undercarriage products, for approximately $296 million in a transaction consisting of cash and stock.
• Represented a manufacturer of transparencies and lenses for aerospace and defense in its sale to a Fortune 500 supplier of paints, coatings and specialty materials.
• Represented Buzz Franchise Brands, in its sale of Mosquito Joe, a provider of mosquito control services, to Dwyer Group, a parent company of home service brands.
• Represented Macqueen Equipment, a retailer and distributor of municipal equipment such as snow removers, street sweepers and garbage trucks, in its sale to Rotunda Capital Partners, a private equity firm.
• Represented 700 Valve Supply, a distributor of specialty industrial valves serving industrial and energy-related applications, in its sale to BBH Capital Partners, a private equity firm.
• Represented a provider of operational reporting and intelligence, in its $340 million sale to an international investor. This cross-border deal included client operations in the Netherlands, the UK, India and the US.
• Represented Gabriel Performance Products, an Audax portfolio company and specialty chemical manufacturer of additives and epoxy curing agents, in its sale to Huntsman International (NYSE: HUN), a publicly traded global manufacturer and marketer of differentiated and specialty chemicals.
• Represented NXC Imaging, an ESOP-owned distributor and servicer of capital medical equipment, including MRI, CT, Vascular, Ultrasound, X-Ray and C-Arms, in its strategic sale to Canon Medical Systems USA, a leader in diagnostic imaging technology.
• Represented a provider of operational reporting and intelligence in its $340 million sale to an international investor. This cross-border deal included client operations in the Netherlands, the UK, India and the US.
• Represented a brewery and producer of energy drinks and flavored water in its $100 million sale to a private equity company.
• Represented a corporate advisor and aviation consulting firm in its $170 million sale to a global professional services company.
• Represented a software-as-a-service agriculture management company, in a sale of part of its equity to a venture capital arm of an international marketer and distributor of agricultural products, animal feed and specialty chemicals and ingredients.
• Represented a technology company that makes advertising for mobile games and apps in its sale to a Chinese mobile ad platform.
• Represented a construction equipment rental company in the sale of its stock to a newly formed ESOP.

Mergers and Joint Ventures

• Represented United Hardware Distributing, a wholesale hardware distributor, in its strategic merger with Do-it-Best, a member-owned hardware, lumber and building materials buying cooperative.
• Represented a uniform rental and facility services company in a $2.2 billion strategic merger.
• Represented a developer and manufacturer of animal vaccines in its $20 million merger with a Chinese owned company.

Education

• University of Minnesota Law School, J.D., 2013, cum laude
• University of North Dakota, M.B.A., 2010, magna cum laude
• University of North Dakota, B.B.A., 2008, magna cum laude

Admissions

• Minnesota, 2013

• Best Lawyers: Ones to Watch, Mergers and Acquisitions Law, 2023-2024

Professional Activities

• American Bar Association
• Minnesota Bar Association
• Hennepin County Bar Association
• ABA Journal of Labor & Employment Law, Managing Editor, 2009-2010