Eric B. Amstutz, Member
Eric Amstutz concentrates his practice in the representation of publicly traded companies and the negotiation, drafting and analysis of complex agreements, including: business mergers, acquisitions, dispositions and spin-offs; public company board governance; securities offerings of debt and equity securities; tender offers; proxy contests; government-private sector transactions; and transactional practice assistance in litigation matters.
Representative Matters
- Advised several boards of directors of publicly-traded companies respecting director duties in connection with mergers and acquisitions, proxy contests, tender offers, exchange offers, committee structure, related party transactions, financings, distressed financial condition and other matters.
- Represented developer in connection with the structuring of the private-public deal, the drafting and negotiation of the primary contracts and the financing for the BI-LO Center (Greenville's arena).
- Represented developer in connection with the drafting and negotiation of the Development, Program Management and Construction Management Agreement with the School District of Greenville County for its $1 billion facilities construction program.
- Represented AMEX-listed company in connection with the purchase of all of the outstanding stock of a privately held company for an aggregate purchase price of approximately $72,000,000 and related senior and subordinated debt financing.
- Represented public company in connection with a tender offer and consent solicitation relating to its 9–5/8% Senior Notes due 2007 (approximately $31 million in aggregate amount then outstanding).
Professional Background
| 1981-Present |
Wyche Burgess Freeman & Parham, P. A. |
| 1979–80 |
Law Clerk, Hon. Potter Stewart, Associate Justice, United States Supreme Court |
| 1978–79 |
Law Clerk, Hon. Gerhard A. Gesell, United States District Court for the District of Columbia |
Educational Background
| 1978, J.D. |
Yale Law School |
| 1975, B.A. |
Swarthmore College, with highest honors, Phi Beta Kappa |
Bar and Court Admissions
- District of Columbia Bar, 1980
- South Carolina Bar, 1981
- South Carolina State and Federal Courts
- Fourth Circuit Court of Appeals
- United States Supreme Court
Representative Community Activities
- The Peace Center Foundation (Greenville’s Performing Arts Center): Member of Board of Trustees, 1985–2001; Member of Executive Committee, 1990–2001; Treasurer, 1985–95; Chairman of Finance Committee, 1988–95; President, 1996–98
- Greenville Local Development Corporation: Member of Board of Directors, 1997-present; President, 1999–2002
- Greenville Symphony Association: Member of Board of Trustees, 2000–06; Chairman of Long Range Planning Committee, 2002–06; Chairman of Governance Committee, 2004–06
- Phillis Wheatley Association: Member of Board of Directors, 2006–08; Member of Finance Committee, 2006–08
Awards and Honors
- Greenville Symphony Association 2006 Outstanding Board Member Award
- Listed in Best Lawyers in America, 2005-Present
- Listed in Chambers USA, America's Leading Lawyers for Business, 2005-Present
Lectures
- Panelist, KPMG Audit Committee Roundtable, 2002 – 2005