PetroSync M&A and Divestments of O&G Assets and Companies By
Transcription
PetroSync M&A and Divestments of O&G Assets and Companies By
Standard Contracts, Real-life Case Studies & Scenario -Based Exercises Included! M&A and Divestments of O&G Assets and Companies Execute successful transactions through strategic legal and financial structuring of business deals 08th - 11th June 2015 at Bali, Indonesia Petrosync Distinguished Lecturer: ROBERT A. PASIONEK Founder & President MERGERS, CONSOLIDATIONS, & ACQUISITIONS LLC Over 30 years experience in M&A transactions, with the last 20 plus years of professional excellence in the oil and gas, energy, and technology sectors Orchestrated over 50 mergers, acquisitions, & divestitures, 225 private placements (debt & equity), 25 public offerings , 25 venture capital transactions, and 12 turnarounds for various O&G, technology, and energy companies Has served as expert consultant and has led a number of M&A upstream transactions and some divestitures for O&G companies including Shell, Marathon Oil Corporation, Atlas Energy LP, etc Leads his own boutique investment bank providing legal, merger & acquisitions, and turnkey investment banking services for oil & gas, alternative energy, and technology transactions State of Arizona Energy Awardee (2011) Masterclass Objectives UNDERSTAND the key influences on asset value and market value IMPROVE deal preparations through better understanding of transaction and operation workflows for both buyer and seller IDENTIFY & OVERCOMEchallenges in deal completion especially on cross-border transactions UNDERSTAND the financial valuation aspect and how it bridges to the legal implications in the deal execution SAFEGUARD position by identifying key contractual terms before deal completion DEVELOP an understanding of the due diligence process and learn how risk can be managed and mitigated ANALYZE both buyer and seller positions in M&A transactions, for which buyers can maximize value and completion of sale, for sellers to maximize their position without over-paying for assets Specially Designed for This program is specially designed for those who are involved with acquisitions and divestment of oil and gas assets and companies. Business Analysts Financial Analysts - Valuation, Due Diligence Economists Commercial & Business Development Executives Accounting and Operational Personnel New Ventures - Executives & Managers Business Unit Heads with responsibility for Contract Lawyers & Attorneys - M&A acquisition and divestment of assets Contract Managers & Administrators - M&A Pre-requisite: It is recommended that attendees have a basic understanding of corporate finance and/or business law to fully appreciate the course. Supported by M&A and Divestment of O&G Assets and Companies 08th - 11th June 2015 at Bali, Indonesia Masterclass Overview The backbone of this program is on the key legal, financial, and economic considerations of M&A and divestment deals for upstream operations. The aim of the course is to provide a structured approach to these types of transaction in a strategic and timely manner. This course emphasizes the theme for optimizing corporate and portfolio value through centric focus on the role of business development both in the perspective of the buyer and seller. This is to ensure long-term growth and improved returns through mergers and acquisitions. The course will provide a detailed look into the various types of M&A transactions, equipped with the case study examples that participants can learn from. Moreover, delegates will be able to learn other necessary steps in company valuation, deal structuring, negotiation, cross-border transactions, and financing. Participants will also be introduced to international practices in executing mergers and acquisitions, including an appreciation of today's market practices and procedures including due diligence, accounting issues, valuation techniques, and contract strategizing and risk allocation. After completing this course, attendees will be better equipped with the key business considerations to make informed and strategic decisions on how to go about with M&A or divestment deals. COURSE AGENDA Day 1: KEY DRIVERS OF M&A AND DIVESTMENT OF UPSTREAM ASSETS Upstream Oil and Gas Operations and Transactions Types of Contract Agreements per stage in Exploration, Development, and Production Types of Assets / Companies / Operational Activities involved with MA&D Deal Structure: - Asset Swap Agreements - Corporate Deals - Asset Deals - Stock Deals Strategic Motivations & Operational Considerations - Examining the Seller’s Goals & Examining the Buyer’s Expectations - Implications of the deal drivers to transactions (Increasing Cash Flow, Gaining Technical Expertise, Managing Competition, Diversifying Company Portfolio, Business Synergy) External Parties in Deal Transaction - Asset Partners - Financial Institutions - Governments (Local and International) - Regulatory Consents (Petroleum Regulatory, Competition Agency) Historical Performance of Oil and Gas Transactions Recent Oil and Gas M&A and Divestment Transactions EXERCISE: Analysis and discussion on M&As of major oil companies Day 1 will examine the overview of upstream operation workflow and business structure, and will link this to the key considerations why companies decide to sell or buy assets. This provides the initial factors that are critically considered to position, whether on the buyer side or the seller side. PROGRAM SCHEDULE Registration (Day1) Session I Refreshment & Networking Session I Session II Lunch Session III 15:30 – 15:45 Refreshment & Networking Session II 15:45 – 17:00 Session IV 08:00 – 09:00 09:00 – 11:00 11:00 – 11:15 11:15 – 13:00 13:00 – 14:00 14:00 – 15:30 17:00 End of Day M&A and Divestment of O&G Assets and Companies 08th - 11th June 2015 at Bali, Indonesia COURSE AGENDA Day 2: MERGERS & ACQUISITIONS & DIVESTMENT PROCESS Acquisition Process Workflow Evaluating the asset fit to current company portfolio - What can this acquisition do for the company? Buyer Positioning - Deal Funding - Positioning and Competitor’s Analysis - Preparation for Bidding Divestment Process Workflow Evaluating the industry’s market situation. Is it a good time to sell? - Optimizing the Sales Process and Timing Preparation for Market Offering - Development of Key Documents (Executive Summary, Confidentiality Agreement, and Information Memorandum) - Preparation of Data Sets for Buyer’s Evaluation - Engaging with the right buyers - Sizing the Buyer’s Capability - Developing Bidding Strategy EXERCISE: Analysis of Acquisition Targets Day 3: BIDDING & DUE DILIGENCE SELLERS: Managing a Competitive Deal and Auction Process - Solicitation of Offers - Analyzing of Buyer’s Bids - Short listing of Buyers BUYERS: Advancing Position and Pursuing An Asset - Prioritising Asset Opportunities - Documentation (Prelimenary & Definitive Agreements) Due Diligence & Risk Management - Recognizing and accounting for risk and opportunity - Analysis for technical and commercial aspects of the asset - Risk factors applied to valuations of different categories of reserves EXERCISE: Flowchart and analysis of competitive bidding process and auction process. CASE STUDY: When to engage in competitive bidding process? And when to walk away? Day 4: VALUATION, NEGOTIATION, AND CLOSING Valuation Process Reserve Audits and Valuations with Upstream Deals Valuation Process for Targeted Assets or Divestiture Valuation Methodologies - Analyst and Balance Sheet approach in valuing assets and companies - Valuation of Long-Life Assets - Discounted Cash Flow Techniques - Portfolio evaluation and selection Independent Third Party Valuation, if required by BODs Scientific Valuation, if applicable Battle of the Experts EXERCISE: Final Determination of Acceptable Value Negotiation Process and Key Provisions Offers and Counter-Offers M&A Contract Provision and Key Clauses (Conditions Precedent, Representations and Warranties, Effective Dates, Trailing Liabilities) Cross-Border Transactions (Dealing with Government Bodies, International Legislations) Completion of Agreement Transition phase of ownership and control following an acquisition or merger Latest Industry Trends in M&A CASE STUDY: How to deal with inconsistent reserve analysis? Which experts win the battle? And why? M&A and Divestment of O&G Assets and Companies 08th - 11th June 2015 at Bali, Indonesia ROBERT A. PASIONEK Founder & President MERGERS, CONSOLIDATIONS, & ACQUISITIONS LLC Over 30 years experience in M&A transactions, with the last 20 plus years of professional excellence in the oil and gas, energy, and technology sectors Orchestrated over 50 mergers, acquisitions, & divestitures, 225 private placements (debt & equity), 25 public offerings , 25 venture capital transactions, and 12 turnarounds for various O&G, technology, and energy companies Has served as expert consultant and has led a number of M&A upstream transactions and some divestitures for O&G companies including Shell, Marathon Oil Corporation, Atlas Energy LP, etc Leads his own botique investment bank providing legal, merger & acquisitions, and turnkey investment banking servies for oil & gas, alternative energy, and technology transactions State of Arizona Energy Awardee (2011) Robert A. Pasionek, JD & MBA, is a strategic growth and capital markets executive and attorney based in Mesa, Arizona. His focus is on creative and novel financial structures involving securities registration and exemption from registration for alternative energy, technology, and healthcare transactions in accordance with the Securities Exchange Commission and promulgated in the ’33, ’34 and ’40 Acts. Pasionek has orchestrated 225 debt and equity private placements, 35 public offerings (i.e. debt, equity and mortgage securitizations), 51 mergers, acquisitions and divestitures, 25 venture capital and private equity transactions, 12 healthcare transactions, and 12 turnarounds. Robert Pasionek has spent two decades representing issuers, promoters, and underwriters of securities transactions in the private and public sectors. His focus is on creative and novel financial structures involving securities registration and exemption from registration for alternative energy (i.e., renewable diesel, biodiesel, algae, ethanol, and solar), technology, and healthcare transactions in accordance with the Securities Exchange Commission and promulgated in the ’33, ’34 and ’40 Acts. Pasionek is nationally recognized for creating a novel form of security; that being a “mortgage servicing right” (MSR’s). Pasionek filed the first public debt instrument in the United States collateralized with “mortgage servicing rights” and educated and convinced the SEC that a “mortgage service right” was a legitimate form of collateral. During the last six years, Pasionek has focused almost exclusively on raising capital (equity, debt, and mezzanine) both domestically and internationally for the alternative energy, technology, and healthcare sectors. Pasionek has acquired and merged Broker-Dealers and engaged BD’s to market and to distribute his clients’ securities. Pasionek has unique and distinguishable work experience in investment, commercial, and private banking, has tenure with two major Wall Street firms, and has led the capital markets and securities practice group for the oldest and second largest law firm in the State of Arizona. In addition, Pasionek has led numerous “road shows” for public and private companies in their pursuit of capital and investors. Pasionek has represented and assisted 168 domestic and international family offices with their investments, financial issues, mergers and acquisitions activities, and legal and tax matters. In addition, Pasionek has taught estate and tax planning and business succession planning for a major insurance company. Throughout his career, Pasionek has been very successful working with government regulators at both the federal and state level regarding creative and novel financing structures for capital raising endeavors and securities fraud cases, including the FBI, SEC, NASD, State Attorney Generals, & State Corporate and Securities Commissioners. Pasionek has testified before grand juries in securities fraud cases, and represented parties in several securities fraud cases in Michigan, Arizona, Florida, and Nevada. Pasionek’s formal education consists of JD, MBA, and BA degrees. In addition, Pasionek currently or has previously held the following licenses: Series 7, 22, 39, and 66; life and health insurance; Michigan Real Estate Broker; and law. Course Details PROGRAMME CONSULTANT Title : MERGERS AND ACQUISITIONS OF O&G ASSETS AND COMPANIES Date : 08th - 11th June 2015 Location : Bali, Indonesia Name Email Phone Fax INVESTMENT PACKAGES : Cay Aagen : [email protected] : +65 6415 4500 : +65 6826 4322 TERMS AND CONDITIONS FULL MASTERCLASS Deadline Investment Package DISCLAIMER Standard Price 05th June 2015 SGD $ 4,995 Early Bird Offer 08th May 2015 SGD $ 4,795 05th June 2015 10% discount for groups of 3 registering from the same organization at the same time Group Discount (3 or more Delegates) Please note that trainers and topics were confirmed at the time of publishing; however, PetroSync may necessitate substitutions, alterations or cancellations of the trainers or topics. As such, PetroSync reserves the right to change or cancel any part of its published programme due to unforeseen circumstances. Any substitutions or alterations will be updated on our web page as soon as possible. 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