Six Peak IC Weekly Meeting
anthony.franks@steyngroup.com, Bob Kennedy, cma@sixpeakcapital.com, ivan.karsten@steyngroup.com, patrick.anderson@steyngroup.com, Steven Cooney
Summary
What happened
- The meeting reviewed progress and blockers on the Francis transaction, focusing on HUD authorization letters and the joint venture agreement (JVA) with MRK.
- HUD authorizations (the "2030 letters") are the critical remaining closing item; the team estimates roughly two weeks from receipt of security keys to obtain the letters and be ready to close.
- The security key delivery failed on two occasions, necessitating a workaround using a completed form submitted by Steven to bypass the failed delivery process.
- The JVA with MRK is the next likely bottleneck and is awaiting markups from MRK’s in-house counsel, Kyle, following a recent legal call.
- The central unresolved legal dispute concerns treatment of disallowed costs: MRK initially requires Six Peak to reimburse the partnership for any disallowed costs found in a later audit, while Six Peak argues disallowed costs should be shared because MRK had full knowledge during underwriting.
- Internal disagreement within MRK between Kathy (supporting MRK’s reimbursement position) and Chris Aiello (disagreeing with that stance) was reported, leaving allocation mechanics and reimbursement at an eventual liquidity event unresolved.
Action Items
Follow-ups
-
Steven Cooney Steven Cooney will message Chris Aiello to let him know the team will be around.
-
MRK’s in-house counsel, Kyle MRK’s in-house counsel, Kyle, will mark up the JVA following last week’s legal call.
Files Referenced
Referenced documents
None.