Simone Lagomarsino (Former CEO of Luther
Burbank, Former Chair of the Board of Directors of Federal Home
Loan Bank of San Francisco); Henchy Enden (Fortress Investment
Group), Sam Edelson (Designated by Canyon Partners); and Ben
Mackovak (Strategic Value Bank Partners) to Join Board of Directors
of First Foundation Bank
First Foundation Inc. (NYSE: FFWM) ("First Foundation" or the
"Company'') today announced that affiliates of Fortress Investment
Group, Canyon Partners, Strategic Value Bank Partners, North Reef
Capital and other investors have agreed to make individual
investments aggregating to $228 million in the Company, subject to
the satisfaction of customary closing conditions set forth in the
parties’ respective investment agreements. In connection with this
equity investment, Fortress affiliates are expected to invest $115
million, Canyon Partners is expected to invest $46 million,
Strategic Value Bank Partners is expected to invest $22 million,
and North Reef Capital is expected to invest $22 million, with the
remaining coming from other investors.
First Foundation Bank (the “Bank”) will add four new directors
to its Board at closing of the equity investment, with Fortress
having a contractual right to add another Board member in the
future. The new Board members at close to include Simone
Lagomarsino, who will also join as President of the Bank; Henchy
Enden; Sam Edelson; and Ben Mackovak. The Company anticipates that
these individuals will also be appointed to its Board following
receipt of regulatory approvals.
Scott F. Kavanaugh, President and CEO of the Company stated, "On
behalf of the entire Board of Directors and all of our outstanding
employee partners at the Company, I want to welcome the very
experienced and talented people who will be joining the Board of
Directors and investing in our valuable franchise. With this
meaningful strategic equity raise, I am confident we will be able
to refocus our balance sheet, reduce multi-family concentrations
over time, grow C&I platforms, increase ACL and materially
strengthen earnings.”
Simone Lagomarsino stated, “With more than three decades in bank
leadership roles in Southern California, which includes serving as
the CEO of three institutions, I am very familiar with First
Foundation and with the value proposition that First Foundation
offers to its customers and investors. As I join the Bank Board and
its leadership team, I’m also investing in First Foundation. I’ve
had the privilege of knowing Scott F. Kavanaugh for many years, and
I look forward to joining the team and working with Scott to
continue to build value for the stakeholders of First
Foundation.”
“We are pleased to anchor this over $225 million
recapitalization of First Foundation, which we believe will further
position the Company for long term growth and profitability,” said
Drew McKnight, co-CEO of Fortress Investment Group. “Our due
diligence over the past few months confirms First Foundation has
built a banking franchise with significant competitive advantages,
including a leading presence in dynamic and expanding markets in
Texas, California and Florida. We are deeply familiar with First
Foundation’s leadership and business model, and Henchy and I have
known and respected Scott Kavanaugh for some time. This investment
provides First Foundation with the financial strength and
flexibility to improve its net interest margin and strengthen its
balance sheet while refocusing on opportunities to profitably build
the Company’s deposit base, loan portfolio and high-performing
wealth management business. With the appointment of Simone
Lagomarsino as President further bolstering a strong management
team, and the addition of exceptionally talented individuals to the
company’s Board of Directors, we believe First Foundation is
well-positioned to capitalize on opportunities for growth and value
creation in the years ahead.”
Jesse Wiener, Managing Director at Canyon Partners stated, "We
are excited to invest in an institution that we know and respect in
the California market and appreciate the constructive engagement
with First Foundation management over the last few months as we’ve
conducted our due diligence. The enhanced board of directors
combined with the addition of Simone as President provides the
opportunity for First Foundation to optimize its balance sheet for
future growth."
Ben Mackovak, Co-Founder and Managing Member of Strategic Value
Bank Partners stated, “I look forward to working with the Board and
management team to productively deploy this new capital to make
First Foundation a stronger institution that will create value for
customers, employees, communities, and shareholders. As an existing
shareholder, we are pleased to see such respected institutions
taking a stake in First Foundation to support its future
success.”
Transaction Details
In connection with the equity capital raise transaction, First
Foundation will sell and issue, in the aggregate, to the investors
(i) 11,308,676 shares of common stock, par value $0.001 per share,
of the Company at a price per share of $4.10, (ii) 29,811 shares of
a new series of preferred stock, par value $0.001 per share, of the
Company designated as Series A Noncumulative Convertible Preferred
Stock (the “Series A preferred stock”), and (iii) 14,490 shares of
a new series of preferred stock, par value $0.001 per share, of the
Company designated as Series B Noncumulative Convertible Preferred
Stock (the “Series B preferred stock”).
In addition, investors will receive seven-year warrants to
purchase a new series of preferred stock, par value $0.001 per
share, of the Company designated as Series C Non-Voting Common
Equivalent Stock (the “Series C preferred stock”), with an exercise
price of $5.125 per share, a 25% premium to the price paid on
common stock.
The preferred stock is being issued in connection with the
equity capital raise in part due to the fact that the Company does
not have a sufficient amount of authorized but unissued shares of
common stock under its certificate of incorporation (the
“Certificate of Incorporation”) to permit the Company to issue only
common shares to the investors. Accordingly, the Company will need
the approval of its stockholders, as described in further detail
below, in order to amend the Certificate of Incorporation to
increase our total authorized shares of common shares and to permit
the issuance of an amount of common stock that is 20% or more of
the Company’s total common stock in compliance with the rules of
the New York Stock Exchange (“NYSE’’). Additionally, the Company’s
issuance of non-voting preferred stock facilitates the investors’
ability to make immediate larger equity investments in the Company
in a manner that complies with applicable banking laws and
regulations, including the rules and limitations of Regulation Y of
the Bank Holding Company Act of 1956, as amended.
Each share of Series A preferred stock will automatically
convert into 1,000 shares of common stock in the event of a
transfer by the holder thereof consistent with the rules and
limitations of Regulation Y. Holders of shares of Series A
preferred stock will not have the right to vote such shares on any
matter submitted to a vote of the stockholders of the Company,
other than certain matters expressly permitted by the associated
Certificate of Designations, and all of which shares of Series A
preferred stock represent the right (on an as converted basis) to
receive approximately 29.8 million shares of common stock.
Upon receipt of the Requisite Stockholder Approvals (as defined
below), each share of Series B preferred stock will automatically
convert into 1,000 shares of common stock. In addition, if the
Requisite Stockholder Approvals are not obtained within 210 days of
the closing, the investors will receive cash-settled warrants that
become exercisable 60 days after issuance (alternatively, these
warrants will be cancelled if the Requisite Stockholder Approvals
are obtained during such 60-day period). Holders of shares of
Series B preferred stock will not have the right to vote such
shares on any matter submitted to a vote of the stockholders of the
Company, other than certain matters expressly permitted by the
associated Certificate of Designations, and all of which shares of
Series B preferred stock represent the right (on an as converted
basis) to receive approximately 14.5 million shares of common
stock.
Each share of Series C preferred stock will automatically
convert into 1,000 shares of common stock in the event of a
transfer by the holder thereof consistent with the rules and
limitations of Regulation Y. The warrants will not be exercisable
for 180 days after closing. Holders of shares of Series C preferred
stock will not have the right to vote such shares on any matter
submitted to a vote of the stockholders of the Company, other than
certain matters expressly permitted by the associated Certificate
of Designations, and all of which shares of Series C preferred
stock represent the right (on an as converted basis) to receive
approximately 22.2 million shares of common stock.
The Company will provide customary shelf and piggyback
registration rights to each of the investors.
Timing and Approvals
The transaction is expected to close on or around July 8, 2024,
subject to the satisfaction of certain closing conditions,
including the filing of a supplemental listing application required
to authorize for listing on the New York Stock Exchange the shares
of common stock to be issued at closing under each investment
agreement.
Matters to be Submitted to Stockholders
of the Company
The Company plans to submit to its stockholders for their (a)
adoption and approval amendments to the Certificate of
Incorporation to increase the number of authorized shares of the
Company’s common stock to 200,000,000 (the “Authorized Share
Amendment”) and (b) approval of the issuance of shares of common
stock in excess of 19.9% of the total voting power of the Company’s
securities (the “Share Issuance”) in accordance with the rules of
the NYSE (the “Requisite Stockholder Approvals”).
Advisors
Jefferies LLC is acting as exclusive financial advisor and sole
placement agent to First Foundation. Sheppard, Mullin, Richter
& Hampton LLP is serving as legal counsel to First Foundation.
Skadden, Arps, Slate, Meagher & Flom LLP is serving as legal
counsel to Fortress Investment Group. Cleary Gottlieb Steen &
Hamilton LLP is serving as legal counsel to Canyon Partners.
Sullivan & Cromwell LLP is serving as legal counsel to
Jefferies LLC.
Conference Call Details
At 5.00 p.m. ET / 2.00 p.m. PT on July 2, 2024, President and
Chief Executive Officer Scott F. Kavanaugh, Chief Financial Officer
Jamie Britton, and Chief Operating Officer Chris Naghibi of First
Foundation will host a First Foundation Strategic Update
Call.
Analysts, investors, and the general public may listen to a
discussion of First Foundation’s strategic update call by using the
information below:
Via Internet:
The call will be broadcast live over the Internet and can be
accessed using the following link:
https://events.q4inc.com/attendee/171098569
Via Telephone (For those wishing to participate in the Q
& A):
Participants call one of the allocated dial-in numbers (below)
and advise the Operator of either the Conference ID 1589646 or
Conference Name.
USA / International Toll +1 (646) 307-1963
USA - Toll-Free (800) 715-9871
Canada - Toronto (647) 932-3411
Canada - Toll-Free (800) 715-9871
Webcast replay link after call is finished: First Foundation,
Inc. - Events & Presentations (ff-inc.com)
The Investor Presentation regarding this transaction will be
available on the company's website.
About First Foundation
Inc.
Headquartered in Texas, First Foundation Inc. (NYSE: FFWM), and
its subsidiaries offer personal banking, business banking, and
private wealth management services, including investment, trust,
insurance, and philanthropy services. This comprehensive platform
of financial services is designed to help clients at any stage in
their financial journey. The broad range of financial products and
services offered by First Foundation are more consistent with those
offered by larger financial institutions, while its high level of
personalized service, accessibility, and responsiveness to clients
is more aligned with community banks and boutique wealth management
firms. This combination of an integrated platform of comprehensive
financial products and personalized service differentiates First
Foundation from many of its competitors and has contributed to the
growth of its client base and business. At March 31, 2024, the
Company had $13.6 billion of assets, $10.1 billion of loans,
deposits of $10.6 billion, and total stockholders' equity of $929
million.
About Fortress Investment
Group
Fortress Investment Group LLC is a leading, highly diversified
global investment manager. Founded in 1998, Fortress manages $49.0
billion of assets under management as of March 31, 2024, on behalf
of approximately 2,000 institutional clients and private investors
worldwide across a range of credit and real estate, private equity
and permanent capital investment strategies.
About Canyon Partners
Founded in 1990, Canyon employs a deep value, credit intensive
approach across public and private corporate credit, structured
credit, and direct real estate lending and investing. The firm
seeks to capture excess returns available to those investors with
specialized expertise, rigorous research capabilities, and the
ability to underwrite complexity. Canyon invests on behalf of a
broad range of institutions globally. For more information visit:
www.canyonpartners.com.
About Strategic Value Bank
Partners
Strategic Value Bank Partners is an investment manager focused
on the community banking industry. Founded in 2015, Strategic Value
combines industry operating experience with the rigorous analysis
of an institutional investor. The firm invests across public and
private banks throughout the United States.
Forward Looking
Statements
This press release may include forward-looking statements by the
Company pertaining to such matters as our goals, intentions, and
expectations regarding, among other things, the convertibility of
the shares of preferred stock and exercisability of the warrants
issued in connection with this capital raise transaction; the
Company’s seeking (and the Company’s ability to obtain) approval of
its stockholders of any necessary amendments of the Company’s
organizational documents or approvals of the issuance of shares of
common stock or preferred stock in connection with this capital
raise transaction; receipt of any required regulatory approvals or
non-objections in connection with this capital raise transaction or
the appointment of directors or senior management; revenues,
earnings, loan production, asset quality, capital levels, and
acquisitions, among other matters; our estimates of future costs
and benefits of the actions we may take; our assessments of
probable losses on loans; our assessments of interest rate and
other market risks; and our ability to achieve our financial and
other strategic goals.
Forward-looking statements are typically identified by such
words as “believe,” “expect,” “anticipate”, “intend,” “outlook,”
“estimate,” “forecast,” “project,” “should,” and other similar
words and expressions, and are subject to numerous assumptions,
risks, and uncertainties, which change over time. Additionally,
forward-looking statements speak only as of the date they are made;
the Company does not assume any duty, and does not undertake, to
update our forward-looking statements. Furthermore, because
forward-looking statements are subject to assumptions and
uncertainties, actual results or future events could differ,
possibly materially, from those anticipated in our statements, and
our future performance could differ materially from our historical
results.
The forward-looking statements in this release are based on
current information and on assumptions that we make about future
events and circumstances that are subject to a number of risks and
uncertainties that are often difficult to predict and beyond our
control. As a result of those risks and uncertainties, our actual
financial results in the future could differ, possibly materially,
from those expressed in or implied by the forward-looking
statements contained in this release and could cause us to make
changes to our future plans. Those risks and uncertainties include,
but are not limited to, the risk of incurring credit losses, which
is an inherent risk of the banking business; the quality and
quantity of our deposits; adverse developments in the financial
services industry generally such as bank failures and any related
impact on depositor behavior or investor sentiment; risks related
to the sufficiency of liquidity; risk that we will not be able to
maintain growth at historic rates or at all; the risk that we will
not be able to access the securitization market on favorable terms
or at all; changes in general economic conditions, either
nationally or locally in the areas in which we conduct or will
conduct our business; risks associated with changes in interest
rates, which could adversely affect our interest income, interest
rate margin, and the value of our interest-earning assets, and
therefore, our future operating results; the risk that the
performance of our investment management business or of the equity
and bond markets could lead clients to move their funds from or
close their investment accounts with us, which would reduce our
assets under management and adversely affect our operating results;
negative impacts of news or analyst reports about us or the
financial services industry; the impacts of inflation on us and our
customers; results of examinations by regulatory authorities and
the possibility that such regulatory authorities may, among other
things, limit our business activities or our ability to pay
dividends, or impose fines, penalties or sanctions; the risk that
we may be unable or that our board of directors may determine that
it is inadvisable to pay future dividends at historic levels or at
all; risks associated with changes in income tax laws and
regulations; and risks associated with seeking new client
relationships and maintaining existing client relationships.
Additional information regarding these and other risks and
uncertainties to which our business and future financial
performance are subject is contained in our Annual Report on Form
10-K for the fiscal year ended December 31, 2023, and other
documents we file with the SEC from time to time. We urge readers
of this report to review those reports and other documents we file
with the SEC from time to time. Also, our actual financial results
in the future may differ from those currently expected due to
additional risks and uncertainties of which we are not currently
aware or which we do not currently view as, but in the future may
become, material to our business or operating results. Due to these
and other possible uncertainties and risks, readers are cautioned
not to place undue reliance on the forward-looking statements
contained in this report, which speak only as of today's date, or
to make predictions based solely on historical financial
performance. We also disclaim any obligation to update
forward-looking statements contained in this report or in the
above-referenced reports, whether as a result of new information,
future events or otherwise, except as may be required by law or
NYSE rules.
Important Information and Where You Can
Find It
This press release may be deemed to be solicitation material in
respect of the Requisite Stockholder Approvals. In connection with
the Requisite Stockholder Approval, First Foundation will file with
the SEC a preliminary proxy statement and a definitive proxy
statement, which will be sent to the stockholders of First
Foundation, seeking certain approvals related to the issuances of
shares of common stock issued under each investment agreement and
to be issued upon the conversion of shares of the preferred stock
issued under the investment agreements.
INVESTORS AND SECURITY HOLDERS OF FIRST FOUNDATION AND THEIR
RESPECTIVE AFFILIATES ARE URGED TO READ, WHEN AVAILABLE, THE PROXY
STATEMENT AND ANY OTHER RELEVANT DOCUMENTS FILED OR TO BE FILED
WITH THE SEC IN CONNECTION WITH THE TRANSACTION, AS WELL AS ANY
AMENDMENTS OR SUPPLEMENTS TO THOSE DOCUMENTS, BECAUSE THEY WILL
CONTAIN IMPORTANT INFORMATION ABOUT FIRST FOUNDATION AND THE
TRANSACTION.
investors and security holders will be able to obtain a free
copy of the proxy statement, as well as other relevant documents
filed with the SEC containing information about First Foundation,
without charge, at the SEC's website (http://www.sec.gov). Copies
of documents filed with the SEC by First Foundation can also be
obtained, without charge, by directing a request to Investor
Relations, First Foundation Inc., 18101 Von Karman Ave., Suite 750,
Irvine, CA. 92612 or by telephone +1 (949) 476-0300.
Participants in the Solicitation of
Proxies in Connection with Proposed Transaction
First Foundation and certain of their respective directors,
executive officers and employees may be deemed to be participants
in the solicitation of proxies in respect of the Requisite
Stockholder Approvals under the rules of the SEC. Information
regarding First Foundation 's directors and executive officers is
available in its definitive proxy statement for its 2023 annual
stockholders meeting, which was filed with the SEC on April 18,
2024, and certain of its Current Reports on Form 8-K. Other
information regarding the participants in the solicitation of
proxies in respect of the proposed transaction and a description of
their direct and indirect interests, by security holdings or
otherwise, will be contained in the proxy statement and other
relevant materials to be filed with the SEC. Free copies of these
documents, when available, may be obtained as described in the
preceding paragraph.
Not an Offer of
Securities
The information in this communication is for informational
purposes only and shall not constitute, or form a part of, an offer
to sell or the solicitation of an offer to sell or the solicitation
of an offer to buy any securities. The securities that are the
subject of the private placement have not been registered under the
Securities Act and may not be offered or sold in the United States
absent registration or an applicable exemption from registration
requirements.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20240702390183/en/
Investor Contact: Jamie Britton, CFO +1 (949)
476-0300
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