John Fischer

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M&A Transactions - A General Counsel’s Perspective John S. Fischer November 10, 2009

Background on Local Insight Media : 

Background on Local Insight Media Founded in March 2006 as a roll-up vehicle in the yellow pages/local search space A portfolio company of Welsh, Carson, Anderson & Stowe Since formation, Local Insight Media has consummated 6 acquisitions totaling $2.13 billion Local Insight is now the 5th largest yellow pages/local search firm in the country 2008 revenues of $700 million 1,500 employees; operations in 42 states, Puerto Rico and the Dominican Republic Deals were primarily debt-financed, consisting of: Senior secured bank debt “Whole business securitization” debt Senior subordinated notes (registered with the SEC) Unsecured mezzanine debt In-house legal group consisting of two attorneys and two legal assistants

Today’s M&A Environment : 

Today’s M&A Environment The M&A environment has changed dramatically over the past 18 months Local Insight Media’s last acquisition closed in April 2008. Since then: Credit has dried up (or vanished) Buyers face severe obstacles with financing certainty Financing sources are scaling back on commitment levels Valuation multiples have tumbled Sellers’ price expectations may not have caught up with the new reality Buyers and financing sources have become much more diligent and process-oriented Sellers are seeking greater assurances that announced deals will close In the new environment, Local Insight Media is: Looking at smaller deals focused on technology niches Considering partnership and investment opportunities as well as outright acquisitions Leveraging the capabilities of its private equity sponsor

Working Effectively With Outside Counsel : 

Working Effectively With Outside Counsel Our approach Participate actively in all aspects of the transaction (legal and business) Seek the right balance of in-house and outside involvement Establish strong relationships with outside counsel Select the right outside firm to work on the deal In evaluating outside counsel, we look for: The appropriate mix of skills for the specific deal Responsiveness A practical approach that understands the broader needs of the business Companies have greater negotiating power than ever before over legal and other professional fees Our experience includes: Significant fee reductions Fixed fee arrangements for some work

Questions? : 

Questions?