Biographies

Michael R. Nixt

612-877-5380
nixtm@moss-barnett.com
Legal Assistant
Debra M. Kubes
612-877-5417
kubesd@moss-barnett.com

Michael R. Nixt, JD, CPA (inactive), focuses his practice primarily on corporate and commercial transactions with particular emphasis on the areas of:

Commercial transactions, strategy and structure
Federal and state income tax analysis
General corporate and commercial law including corporate finance
Joint ventures and strategic alliances
Mergers and acquisitions

Mr. Nixt's previous business experience with two international public accounting firms, a Fortune 100 corporation and multi-state franchising company enable him to provide a practical, problem-solving approach in counseling clients regarding the myriad of legal issues encountered in structuring, negotiating and documenting both complex and routine business transactions.

Mr. Nixt provides legal advice and representation to a broad diverse group of business clients, including those engaged in manufacturing, merchandising, heavy equipment construction and demolition, professional services (including the legal, accounting, medical, dental and veterinary fields), energy transmission and distribution, telecommunications, transportation, real estate development, medical device billing and collections and commodities brokerage and futures operations. Recent representative transactions include the following:

Represented a regional energy transmission and distribution company in the successful structuring, negotiation and documentation of a strategic alliance resulting in the establishment of a state-of-the-art wireless data network which replaced its antiquated predecessor.

Represented a client in the negotiation, structure and sale of its sporting equipment business, including the use of licensing agreements to ensure retention of ownership and control over critical intellectual rights during the earn-out period and in order to avoid superior liens of uncooperative senior lenders.

Represented a client in negotiating a $25 million line of credit essential to fund working capital and operating requirements.

Represented a closely-held business owner in the sale of substantially all of the assets of his wholesale beer distributorship.

Represented the closely-held business owners of a large domestic corporation engaged in the manufacture and sale of metal products from multiple facilities located throughout the United States in the sale of stock of the principal operating entity and the sale of assets of affiliated entities to a multi-national company - effectively navigating a myriad of transaction-related issues including tax, antitrust, intellectual property, real estate, product warranties, financing, employment, environmental and regulatory concerns to successfully consummate the transaction in less than 90 days from commencement of negotiations on definitive transaction documents to closing.

Represented a client in the successful negotiation and purchase of all of the stock of a wholesale commercial business interiors furnishings distributorship.

Represented a team of management-employees in their successful acquisition of the wood-frame engineered, metal building operating division of a multi-national corporation.

Represented a domestic corporation in establishing an international distributor relationship, including negotiation and documentation of the licensing of patented manufacturing technology and the related product for use and sale by the distributor/licensee of an international basis.

Represented a publicly held client engaged in the wireless telecommunications business in several acquisitions and divestures, including:
- $1.2 billion acquisition of broadly disbursed telecommunications assets and operations located in Southeast and Pacific Northwest regions of the United States;
- Exchange of operating assets and licenses in the Pacific Northwest for operating assets and licenses in the Southeast and other property;
- $35 million sale of Incumbent Local Exchange Carrier operations covering three communities in southern Maine.

In addition, Mr. Nixt is active in the community, serving the City of Ramsey, Minnesota, as an appointed official in the following positions: 1998-Present, Chairman, Planning and Zoning; and 1998-Present, Chairman, Board of Adjustments.

Mr. Nixt is regularly asked by his peers to speak at legal and professional education seminars including "Strategic Partnering - Exit Strategies, Concepts and Procedures," "Financial Statements - The Roadmap to an Acquisition," "How Can I Be Liable, I Bought Only the Assets? Successor Liability in Asset Acquistions," and "Buy-Sell Agreements, An Overview."

Mr. Nixt is a member of the American, Minnesota State and Hennepin County Bar Associations and is also a member of the American Institute and Minnesota Society of Certified Public Accountants.

Areas of Practice:: Analysis of Entity Choice for Businesses; Commercial Law; Corporate Law; Federal and State Income Tax Analysis; Mergers and Acquisitions; Reorganization and Restructuring

Bar Admissions:: Minnesota

Education:: William Mitchell College of Law, St Paul, Minnesota, 1993
J.D.
Honors: Cum Laude; Minnesota State University Mankato (formerly Mankato State University), 1986
B.S.
Honors: Cum Laude

Classes/Seminars Taught:: Guest Lecturer, Hennepin County Bar Association, Business, Banking and Finance Section; "Strategic Partnering - Exit Strategies, Concepts and Procedures," National Telephone Cooperative Association's 2006 national convention; "Financial Statements - The Roadmap to an Acquisition," Minnesota Institute of Legal Education; "How Can I Be Liable, I Bought Only the Assets? Successor Liability in Asset Acquisitions," Hennepin County Bar Association; "Buy-Sell Agreements, an Overview," Hennepin County Bar Association

Professional Associations and Memberships:: American Bar Association; Member; Minnesota State Bar Association; Member; Hennepin County Bar Association; Member; American Institute of Certified Public Accountants; Member; Minnesota Society of Certified Public Accountants; Member