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“Ocean Tomo Capital is the first and only Fund dedicated to providing growth capital for operating businesses with strong underlying intellectual property. We are active investors working with management to further improve the value of company’s IP and its positive impact on earnings.”

James E. Malackowski
President & CEO

Private Equity & Debt

Ocean Tomo Capital Fund


Ocean Tomo Capital Fund (the “Fund”) is a recently established fund that invests in intellectual property centric companies in the form of senior debt, subordinated debt, mezzanine and equity. The Fund’s principals possess successful track records in IP-centric industries as investors, leveraged finance professionals and operators. The Fund is leveraging its extensive IP knowledge base in providing loans secured by intellectual property assets. On a select basis, the Fund will also make equity investments alongside equity sponsors in companies where our IP expertise can significantly increase shareholder value. In addition to providing financing, we are also available to advise borrowers in the development and execution of IP monetization strategies.


Investment Parameters

The Fund is dedicated to providing non-controlling capital to middle-market companies to finance business expansion, acquisitions, buyouts and recapitalizations. The Fund offers mezzanine financing, typically structured as secured debt or to a lesser extent, redeemable preferred stock, ranging from $10 million to $25 million per investment, to established companies based in the U.S. Target companies have the following characteristics.
  • Strong intellectual property portfolios;
  • Qualified, experienced management with a meaningful stake in their business;
  • Predictable cash flows sufficient to repay debt within the useful life of the IP;
  • EBITDA in excess of $5 million;
  • Defensible market positions; and
  • Growth potential
The Fund will also consider investment opportunities in the bankruptcy and distressed marketplace, in which the market has failed to properly assess the value of IP, including situations where (i) the current owner of the IP assets deems them non-strategic; and (ii) companies lack the resources or knowledge to exploit the full value of their IP assets.


Investment Structure

Our financings provide creative and minimally dilutive options to finance growth, expansion, acquisitions, buyouts and recapitalizations. The Fund will typically structure its investments as secured debt with the following primary characteristics:
  • Interest: Cash and/or PIK Interest
  • Equity Participation: Detachable warrants with nominal exercise price
  • Security: First lien against all IP and a second lien against all other assets of the borrower
  • Term: Not to exceed the useful life of the collateral, as determined by the Fund’s valuation of the borrower’s IP
Investment Benefits

Management/IP Owners
  • Access to growth capital with minimal equity dilution
  • Access to best-in-class IP management assistance
  • Access to best-in-class IP portfolio strategies for improving market share, pricing and competitive positioning

Equity Investors

  • Minimization of further dilution
  • Increased returns
  • Enhancement of quality and amount of EBITDA through long-term IP licensing revenues
  • Increased exit value
Senior Lenders
  • Additional capital
  • Potential incremental IP revenue, improving borrower's financial performance




Investment Professionals

James E. Malackowski 312-327-4410 PH | 312-327-4401 FX
President and CEO jmalackowski@oceantomo.com | Download v-card | Biography
 
Dean Becker 561-309-0011 PH | 561-805-8765 FX
Vice Chairman dbecker@oceantomo.com | Download v-card | Biography
 
Cameron Gray
312-327-4403 PH | 312-327-4401 FX
Associate cgray@oceantomo.com | Download v-card | Biography