Shamrock Capital Advisors, LLC (“Shamrock,” “we,” “our,” or the “Firm”), is a
Delaware limited liability company founded in 2010. Shamrock is controlled by Mr.
Stephen Royer, Mr. Andrew Howard, Mr. Michael LaSalle, Mr. Patrick Russo, Ms. Laura
Held and Mr. Jason Sklar (collectively, the “Principals”). Mr. Royer is the only owner
with an ownership interest in excess of 25%. Shamrock provides discretionary investment
advisory services and management services to privately pooled investment vehicles and
co-investment vehicles (individually a “Fund” or collectively the “Funds”), including:
Shamrock Capital Growth Fund II, LP
Shamrock Capital Growth Fund III, LP
Shamrock Capital Growth Fund IV, LP
Shamrock Capital Growth Fund IV (Parallel), LP
(collectively the “Growth Funds”). In managing the Growth Funds, Shamrock focuses
exclusively on lower middle market media, entertainment and communications (“MEC”)
investment opportunities. Shamrock also provides discretionary investment advisory
services and management services to the Shamrock Capital Content Fund I, LP (formerly
known as the Entertainment IP Fund, LP) and Shamrock Capital Content Fund II, LP
(“Content Funds”), a privately pooled investment vehicle that focuses on investment in
entertainment intellectual property rights (“Entertainment IP”).
Shamrock has created co-investment vehicles to invest alongside a Growth Fund and/or
a Content Fund primarily when the equity requirements of an investment exceed those
allowed by the Fund mandate. Co-investment opportunities may be offered to investors
in a Fund or to outside third parties, as detailed in each Fund’s Governing Documents
(defined below). Shamrock currently provides discretionary investment advisory services
and management services, and has custody of the assets of the following co-investment
vehicles (the “Co-Investment Vehicles”):
BC Holdco, LLC
M3 Holdco, LLC
Shamrock FanDuel CoInvest, LLC
Shamrock FanDuel CoInvest II, LP
Shamrock Mobilitie Co-Invest, LLC
Shamrock RB Co-Invest, LLC
Shamrock Screenvision Co-Invest I, LLC
Certain affiliates of Shamrock serve as general partners or managing members of the
Funds (“Advisory Affiliates”) and operate a single advisory business with Shamrock.
Each of the Advisory Affiliates is a related person of Shamrock and is under common
control with Shamrock including their respective partners, managers, members,
shareholders, officers, employees and affiliates in their respective capacities as such. Each
Advisory Affiliate that serves as a general partner or managing member is subject to the
Advisers Act of 1940 (“Advisers Act”), pursuant to Shamrock’s registration in
accordance with SEC guidance, is subject to all of Shamrock’s compliance policies and
procedures. As such, references to Shamrock in this Brochure should also be considered
references to the Advisory Affiliates in the appropriate context.
Each Fund relies on its general partner, a Shamrock affiliate, to assist in the day-to-day
management of its activities in accordance with the investment objectives, strategies,
restrictions and guidelines found in each Fund’s governing documents (“Governing
Documents”). Information about each Fund can be found in its offering documents. The
Firm does not tailor its investment services to any individual Fund investor (“Investor”).
The Investors in each Fund are able to negotiate the terms of the applicable Fund
agreement in connection with their investments in such Fund. In certain cases, Shamrock
or its Advisory Affiliate may, and have, entered into side letter agreements with certain
investors in the Funds (“Side Letters”) establishing rights under, or supplementing or
altering the terms of, the applicable Fund agreement. Such Side Letters cover many
different topics, including without limitation: “most favored nation” rights; modified notice
or reporting requirements; compliance with certain ERISA requirements; fee terms;
minimum insurance coverage; confidentiality; co-investment opportunities; transfers; the
right to receive certain special allocations; and certain other matters relating to an
investment in the Fund(s). Shamrock tracks all Side Letters that have been entered into
with respect to each Fund to ensure that no investors are disadvantaged by the triggering
of one or more provisions of a Side Letter.
Please note, notwithstanding the limitation on liability clauses in the Firm’s Limited
Partnership Agreements and investment management agreements, nothing in such
agreements will cause our clients or the Funds’ Investors to waive any of their legal rights
under applicable U.S. federal securities laws or any other laws whose applicability is not
permitted to be contractually waived.
As of December 31, 2019, the Firm managed $1,854,511 in regulatory assets under
management in the Funds, all of which are managed on a discretionary basis.
please register to get more info
Management Fee
During the commitment period, the Funds pay to Shamrock an annual advisory fee
(“Management Fee”) typically equal to 2% of the total capital commitments (regardless
of whether such capital has been invested) of the Investors in the applicable Fund. This
fee is payable in advance, either on a quarterly or semi-annual basis and may be offset by
a portion of advisory fees received by the Firm from the equity related investments of the
Fund (the “Portfolio Companies”).
Thereafter, at the earlier of the conclusion of the commitment period of the Fund, the
date on which 90% of the commitments have been drawn down, or the date upon which
Shamrock begins to collect Management Fees with respect to a subsequent fund, the
Management Fee will typically equal 2% per annum of the aggregate amount of
commitments invested in the Portfolio Companies. In our sole discretion, we may waive
all or any portion of the Management Fee or performance fee (see Item 6) with respect
to an Investor in the Funds.
Operational Expenses
Each Fund will also bear the normal recurring day-to-day expenses of the Fund and its
operations, including but not limited to legal, auditing, custodial, bookkeeping and
accounting fees and expenses, indemnification and insurance expenses and expenses of
meetings of the Firm’s Advisory Committee and annual Investors meetings.
Transaction Costs
The Funds may further bear out-of-pocket investment costs (such as investment banking,
brokerage and underwriting fees or commissions) and expenses relating to the
investigation, monitoring, and disposing of investments. Additionally, while we do not
generally make investments in securities listed on national exchanges, if we were to do
so, the Funds would incur any brokerage costs.
please register to get more info
The Funds generally allocate a portion of their investment profits to the general partners
as a carried interest of 20%, subject to the terms and conditions set forth in the Funds’
organizational documents, which may include a waterfall distribution and clawback
provisions. Compensation based on performance will only be charged in accordance with
the provisions of Rule 205-3 under the Advisers Act.
Performance-based compensation may create an incentive for Shamrock to make
investments that are riskier than it would otherwise make, or to favor one Fund over
another. We have adopted a policy to allocate portfolio transactions and investment
opportunities only to the particular Fund that has not reached a threshold of at least 75%
of capital commitments having been invested or reserved for expenses. Only after this
threshold is reached will a follow on fund be raised. Additionally, the objectives, scope
and strategy of the Growth Funds and the Content Funds differ to the extent to avoid
any issues regarding the allocation of portfolio transactions and investment opportunities.
please register to get more info
Investors in the Funds may include a variety of institutional investors and high net worth
individuals. Each Investor will be a “qualified purchaser”, satisfying the Section 3(c)(7)
exemption of The Investment Company Act of 1940, under which each Fund operates.
We require Fund Investors to make representations concerning their financial
sophistication and ability to bear the risk of loss of their entire investment.
The minimum initial investment in a Fund is $10,000,000 or such lesser amount as
determined in the sole discretion of each Fund’s general partner.
please register to get more info
Methods of Analysis and Investment Strategies
Shamrock is a private investment advisory firm focused exclusively on investing capital in
the MEC sectors as well as in entertainment intellectual property assets. The Firm’s
principals lead a team (the “Team”) that has an average of 20 years working experience
focused on MEC investing, as well as a vast network of relationships. The Team maintains
a disciplined approach to its investment strategy from a sector, stage and value
perspective.
Growth Funds
Growth Funds typically target profitable, growing companies with proven, sustainable
competitive advantages that do not present venture capital-type risk. In addition, lower
middle market companies present the best opportunities for value creation by Shamrock
through its active management style, as many lower middle market businesses have less
refined strategies and business plans. The Team often adds significant value to these
companies by collaborating with management, improving operations, setting business
objectives, and providing access to the Shamrock network and resources. The
investments targeted by the Growth Funds will typically range in size from $20 million to
$100 million with enterprise values of up to $300 million. Transaction structures will
primarily include (i) growth capital, (ii) management and leveraged buyouts, and (iii)
leveraged recapitalizations.
We believe the following strategies are key to Growth Funds Team’s creation of deal
flow:
Proactive Approach
The Team diligences specific sectors which merit investment consideration. Given its
contacts and resources, the Team is able to understand the competitive landscape and
dynamic trends within these attractive sectors, and in many cases, the Team can uncover
proprietary investment opportunities. The Team believes its approach will enable it to
garner a relationship with a Portfolio Company’s management team outside of any
structured process. Bi-weekly funnel meetings are held to discuss these opportunities.
Strategic Value
The Team strives to position itself with target companies as a strategic partner. Many
companies will trade valuation for the ability to attract an investment partner who can
add strategic value. The Team's sector focus and depth of experience give it a distinct
advantage in transactions where the target company is concerned about the strategic value
a financial investor brings to the partnership.
Flexibility
The Team’s investment criteria allow for flexibility in structuring transactions in order to
accommodate the needs of potential Portfolio Companies. While many of its investments
are majority or buyout transactions, the Team will also consider minority investments. In
such cases, the Team would seek to position a Fund as the largest or most influential
investor with extensive negative control provisions. In many instances, particularly in a
transaction other than an outright sale of the target company, the Team believes that its
structuring flexibility will help facilitate the needs of a Portfolio Company’s current
shareholders and management.
Active Investment Approach
We believe that the greatest potential for value creation exists in the active management
and oversight of our Portfolio Companies. The Team creates value throughout the
investment life cycle of each of its Portfolio Companies by assisting with strategic planning,
business relationships, corporate finance, management recruiting, performance tracking
and mergers and acquisitions and exit. In addition, the Team’s depth of experience enables
it to lend deep operational support to Portfolio Companies. This support takes many
forms including (i) filling temporary management roles, (ii) structuring and negotiating key
contracts with customers and suppliers, (iii) setting sales force compensation to align with
market opportunity and (iv) evaluating and organizing new business initiatives.
Content Funds
The Content Funds target entertainment intellectual property assets such as filmed
entertainment, television and music that are expected to generate long-term and
predictable cash flows. Their investment opportunities are expected to be driven by
relationships with stakeholders in the entertainment industry who are seeking liquidity for
their economic interests, including lenders, studios, producers, writers, actors and their
agents. The focus of the Content Funds are to invest in assets after they have been
distributed through their first window of release. Such revenue streams are typically
predictable based on the performance of the content in its initial release window and
subsequent release windows are often contracted under output arrangements with
distributors based on an asset’s performance during its initial release.
The considerable experience, deep relationships, strong reputation and brand recognition
of Shamrock in the media and entertainment industry give the Content Funds significant
competitive advantages in (i) investing in the domestic and international Entertainment IP
sector, (ii) sourcing investment opportunities, (iii) identifying and capitalizing on global
market trends, and (iv) managing the portfolio of investments with an active investment
approach. The Content Funds intend to leverage its experience and relationships to
actively manage these passive interests to ensure that the distributors and administrators
of the content are appropriately managing the content to optimize returns.
Risk of Loss Factors
Investing in the Funds involves various risks, including loss of capital. Investors should be
prepared to bear these risks. The following list of risk factors does not purport to be a
complete enumeration or explanation of the risks involved in an investment in the Funds.
Prospective investors are urged to consult their professional advisers and review the
Governing Documents for the particular Fund before deciding to invest in one of the
Funds.
Business Risks
The Fund’s investment portfolio consists primarily of securities issued by privately held
companies, and operating results in a specified period will be difficult to predict. Such
investments involve a high degree of business and financial risk that can result in substantial
losses.
Risk of Industry Concentration
Investments will primarily be made in North America in the MEC industries, as stated
above. Depending on the opportunities that are available, investment portfolios may be
relatively non-diversified by industry type. As a result, the Funds will be exposed to risks
that are unique to companies in the MEC industries, which may negatively impact the value
of the Fund’s investments. The MEC industries targeted by the Funds are particularly
susceptible to the vagaries of Federal and State regulation, rapidly changing market
conditions and participants, as well as competing products and technologies which could
affect the performance of the Portfolio Companies in which the Funds invests. It is also
possible that changes in general economic conditions may impact some industries to a
greater extent than others, which could have a negative effect on the performance of the
Fund’s MEC investments. Even when not affected by industry-wide factors, the financial
performance of individual companies in the MEC industries could fluctuate significantly
from period to period, which may cause significant fluctuations in the valuation of these
companies. The Fund’s Portfolio Companies may have histories of losses and may expect
losses for the foreseeable future.
In addition, certain Funds may invest up to 20% of the total commitments in a single
Portfolio Company. As a result, unfavorable performance by a small number of
investments could substantially and adversely affect the aggregate returns realized by the
Investors. Furthermore, to the extent that the capital raised by the Fund is less than the
targeted amount, the Funds may invest in fewer Portfolio Companies and thus be less
diversified.
Control Investments and Directorships
The Fund may acquire control positions in the companies in which it invests. Additionally,
officers and employees of Shamrock or its Advisory Affiliate may serve as directors of
Portfolio Companies in which the Funds invests. The exercise of control over a company
through a control position, or the service of an officer or employee of Shamrock or an
Advisory Affiliate as a director of such company, could (i) expose the assets of the Funds
to claims by such company, its security holders and creditors or (ii) impose additional
risks of liability for failure to supervise management, violation of governmental regulations
and other types of liability in which general limited liability protections are ignored. If these
liabilities were to occur, the Fund directly, and the Fund’s partners indirectly, could suffer
losses with respect to their investments. Having representation on a Portfolio Company’s
board may also have the effect of impairing the ability of the Funds to sell the related
securities when, and upon the terms, it might otherwise desire, including as a result of
applicable securities laws.
Illiquidity of Investments
The Fund’s investments in Portfolio Companies will be highly illiquid and there can be no
assurance that the Funds will be able to realize such investments in a timely manner.
Consequently, dispositions of such Fund investments may require a lengthy time period
or may result in distributions in-kind to the Partners. While a Fund investment in a
Portfolio Company may be sold at any time, it is not generally expected that this will occur
for a number of years after the investment in a Portfolio Company is made. The Funds
will generally acquire securities that cannot be sold except pursuant to a registration
statement filed under the Securities Act, or in a private placement or other transaction
exempt from registration under the Securities Act. The market prices, if any, of such
investments tend to be volatile, and the Fund may not be able to sell such investments
when it desires, or, upon sale, to realize what it perceives to be their fair value. In some
cases, the Funds may be prohibited by contract from selling certain securities for a period
of time. Even where the Funds hold freely tradable publicly traded securities, the Fund’s
position may represent a significant portion of the outstanding public float of a particular
Portfolio Company, creating a degree of illiquidity in the event that the Fund changed its
investment decision or was unable to acquire control and wished to dispose of or reduce
its position in such Portfolio Company by selling shares into the market.
Lack of Sufficient Investment Opportunities
The business of identifying, structuring and completing private equity transactions is highly
competitive and involves a high degree of uncertainty. It is possible that the Funds will
never be fully invested if enough sufficiently attractive investments are not identified.
However, Investors will be required to bear the Advisory Fees during the investment
period based on the entire amount of the Investor commitments and other expenses as
set forth in the Governing Documents.
Leverage
The Funds may make investments in companies with leveraged capital structures. To the
extent that any investment is made in a company with a leveraged capital structure, such
investment will be subject to increased exposure to adverse economic factors such as a
significant rise in interest rates, a severe downturn in the economy or deterioration in
the condition of such company or its industry. If a Portfolio Company cannot generate
adequate cash flow to meet debt service, the Fund may suffer a partial or total loss of
capital invested in the Portfolio Company. While the use of leverage will create
opportunities to increase the Fund’s returns, it also may increase the Fund’s losses. A
decrease in the availability of financing (or an increase in the interest cost) for leveraged
transactions (e.g., due to adverse changes in economic or financial market conditions such
as those described above or a decreased appetite for risk by lenders) may materially
impair the Fund’s ability to consummate portfolio investments, to make leveraged
distributions or to sell investments to buyers who utilize similar leverage strategies. Also,
the securities of a Portfolio Company in which the Fund will invest may be among the
most junior in the Portfolio Company’s capital structure and thus subject to the greatest
risk of loss.
Valuation of Investments
The Funds will rely on the general partner of the Fund for valuation of its assets and
liabilities. The Funds will primarily hold securities and other assets that will not have
readily accessible market values. The valuation of illiquid securities and other assets is
inherently subjective and subject to increase risk that the information utilized to value
such assets or create pricing models may be inaccurate or subject to error. Due to a wide
variety of market factors and the nature of certain securities and assets to be held by the
Fund, there can be no guarantee that the value determined by the general partner will
represent the value that will be realized by the Funds upon the disposition of the
investment. The amount and timing of Carried Interest received by the general partner
may depend in part on the valuation of the Fund’s assets and liabilities.
No assurance can be given that the general partners will accurately assess the nature and
magnitude of the many factors having a bearing on the value of the Funds’ assets. Further,
no assurance can be given that all the pertinent information will be considered by or be
available to those persons in formulating any particular investment or trading decision.
The failure to consider any of those factors or to accurately assess the nature and
magnitude of the relevant factors or pertinent information may cause the Funds to miss
significant profit opportunities or to incur substantial losses. The general partners are not
required to have such valuations independently determined or verified.
Third Party Litigation
The Firm’s investment activities, particularly its exercise of control over Portfolio
Companies, will subject it to the risk of becoming involved in litigation brought by
Portfolio Companies, their stockholders, their creditors and others. Generally, the Funds
would bear the expense of defending against claims by such parties and paying amounts
necessary to satisfy any settlements or judgments.
IP Infringement Claims Against the Funds
One of the risks of investing in MEC companies is the possibility of claims that the Fund’s
Portfolio Companies misappropriate or infringe the intellectual property rights of third
parties with respect to their technology, software, copyrights, trademarks, other
entertainment or intellectual property. The Funds may receive in the future claims of
infringement of other parties’ proprietary rights. There can be no assurance that
infringement or misappropriation claims (or claims for indemnification resulting from such
claims) will not be asserted or prosecuted against the Funds, or that any assertions or
prosecutions will not materially adversely affect the Fund’s business, financial condition or
results of operations. Regardless of the validity or the successful assertion of such claims,
the Funds could incur significant costs and diversion of resources with respect to the
defense thereof, which could have a material adverse effect on the Fund’s business,
financial condition or results of operations. If any claims or actions are asserted against
the Funds, the Funds may seek to obtain a license of a third-party’s intellectual property
rights. Neither the Funds, Shamrock or its Advisory Affiliate can provide any assurances,
however, that under such circumstances, a license would be available on reasonable terms
or at all.
Portfolio Company Risks
The success of the Fund’s investments in general will be subject to a variety of risks,
including, without limitation, those related to (i) the quality of the management of the
private companies and the ability of such management to successfully operate their
companies; (ii) the ability to liquidate the Fund’s interests in these investments; and (iii)
general economic conditions. The task of identifying investment opportunities in private
companies, monitoring and directing such investments and realizing a significant return for
the Fund is difficult. Many organizations operated by persons of competence and integrity
have been unable to make, manage and realize on such investments successfully. There is
no assurance that the general partner will be able to return contributed capital or
generate returns for the Funds. Portfolio companies may have operating losses, or
significant variations in operating results, and they may be engaged in a rapidly changing
business subject to a substantial risk of competition and/or other significant challenges to
their sustained operations and profitability. There can be no assurance that any Portfolio
Company investment made by the Funds will be successful. In addition, a Portfolio
Company may require substantial additional capital to support its operations, to finance
expansion and/or to maintain its competitive position or may otherwise have a weak
financial condition. Certain Portfolio Companies may face intense competition from larger
and/or more experienced companies with greater financial and technical resources, more
marketing and service capabilities and/or a greater number of qualified personnel.
Competition for Investments
In seeking investment opportunities, the Funds face competition from other investors who
may have significantly greater financial and other resources than those available to the
Funds. There can be no assurance that the Funds will be able to compete effectively against
competitors in obtaining future opportunities. Additional funds with similar investment
objectives may be formed in the future by other unrelated parties. Some of these
competitors may have more relevant experience, greater financial resources and more
personnel than Shamrock and its Advisory Affiliates. It is possible that competition for
appropriate investment opportunities may increase, thus reducing the number of
opportunities available to the Funds and adversely affecting the terms upon which Fund
investments can be made. There can be no assurance that the Funds will be able to identify
or consummate investments in Portfolio Companies satisfying its investment criteria or
that such investments will satisfy the Fund’s rate of return objectives. Likewise, there can
be no assurance that the Funds will be able to realize upon the values of its investments
or that it will be able to invest its committed capital. To the extent that the Fund
encounters competition for investments, returns to limited partners may decrease.
Small Capitalization Stocks
The Funds may invest in securities of companies with smaller capitalizations. Investments
in small capitalization stocks involve greater risk than is customarily associated with larger,
more established companies. These securities may have limited marketability and may be
subject to more abrupt or erratic movements in price than securities of larger companies
or the market averages in general.
Unspecified Investments
Investors in the Funds will not have the opportunity to evaluate the business, financial and
other information that will be used by Shamrock and/or its Advisory Affiliate in their
analysis, selection, and monitoring of Portfolio Company investments for the Fund.
Investors must rely upon the ability of Shamrock and its Advisory Affiliate to identify,
structure, and implement investments consistent with the Fund’s investment objectives
and policies.
Content Industry Risk - Competition
The film, television, music and other content industry is extremely competitive. The ability
of the Content Funds to compete successfully depends upon, among other factors, the
continued availability of film, television, music and related properties that it can acquire
and its continued relationships with studios and distributors to successfully exploit the
content. Studios compete intensely to obtain the services of creative talent and copyrights,
which may impact the costs of acquiring Entertainment IP assets. Competition for
exhibition of media content, particularly films, is also intense. The successful distribution
of Entertainment IP assets in which the Content Funds have an interest may be adversely
impacted by competition from well-established companies that may have greater financial
and marketing resources. There can be no assurance that films, television shows and other
media content in which the Fund has an interest will compete successfully with such other
competitors’ properties, that desired creative talent or copyrights will be obtained or that
demand for the Fund’s content across all related revenue streams will remain constant or
perform as forecasted at the time of acquisition.
Content Industry Risk - Risk of Reputational Damage
Demand for specific content is unpredictable and future cash flows may suffer from
reputational damage to an actor’s or artist’s reputation. Such events are outside of the
control of the general partner and are difficult to predict. There can be no assurance that
the general partner will be successful in predicting future cash flows from content or that
the reputation of an actor or artist will not cause damage to the Content Funds’ cash
flows.
Uncertainty of Individual Film, Television and Other Media Distribution and Performance;
Reliance on Third Parties
Individual film, television and other media performance is unpredictable and may vary
significantly. While the Content Funds seek to acquire assets relating to a broad portfolio
of films, television and other media rights, the period-to-period performance may fluctuate
significantly corresponding to the performance of films, television or other media included
in a particular Content Fund investment. Furthermore, the results of any one period may
not be indicative of the results for any future period.
In addition, the Content Funds do not plan to build or acquire its own distribution channel.
As a result, distribution of the Content Fund assets will be handled by third party
distributors. The successful distribution of media content is subject to numerous
uncertainties, including risks associated with the chosen release schedule, marketing
strategies, competition from other forms of content and corresponding competition for
viewers. The Content Funds’ strategy of aligning its interests with more than one film or
television studio may increase the risk that films or television programs that the Content
Funds have an interest in are competing for viewers with each other. Performance of film,
television and other media programs is also subject to the competition from other forms
of entertainment and leisure activities at any particular time. The ability to successfully
distribute films, television and other media content will depend on the capabilities of each
respective distributor, but may be impacted by uncertainties beyond control of the
distributor. A distributor could enter bankruptcy proceedings or otherwise fail to perform
its obligations to the Content Funds, which could negatively affect the Content Funds’
returns. While the Fund will seek contractual protections, there can be no assurance that
the third parties will successfully distribute the Content Funds’ content.
New Technology Creates Uncertainty in Predicting Future Value
While electronic delivery of content has become increasingly popular, the emergence of
market leaders and standardized pricing models are still in nascent stages. Industry
participants’ ability to manage the changes in technology, create a pathway for changing
consumer behavior and exploit new sources of revenue from these changes could have
an adverse effect on the growth and success of electronic delivery. In addition, although
“catch-up” viewing has become more popular on DVRs and OTT platforms proliferate,
the industry’s development of solutions or metrics to capture the ratings of these viewers
in order to properly measure the value and popularity of programming has lagged. These
factors create challenges in predicting the future value of content. There can be no
assurance that the general partner will be able to accurately predict future cash flows and
properly value assets acquired by the Content Funds, including as a result of technology
changes in content delivery.
Piracy
It is impossible to measure the impact of piracy on the Entertainment IP industry, however
it may be significant. Technological advancements have facilitated the unauthorized
reproduction of film, television and other media content through the use of digital files,
which has made it more difficult to contain the loss of revenue from piracy. While the
major studios and various trade organizations, record labels and music publishers
continually seek to limit or prevent piracy, there can be no assurance that these efforts
will be successful.
Alternative Investment Fund Managers Directive
The EU Alternative Investment Fund Managers Directive (the “AIFMD”) regulates the
activities of certain private fund managers undertaking fund management activities or
marketing fund interests to investors within the European Economic Area (“EEA”). If the
Funds are actively marketed to investors domiciled or having their registered office in the
EEA in circumstances where no transitional relief is available: (i) the Funds may be subject
to certain reporting, disclosure and other compliance obligations under the AIFMD, which
may result in the Funds incurring additional costs and expenses; (ii) the Funds and/or
Shamrock may become subject to additional regulatory or compliance obligations arising
under national law in certain EEA jurisdictions, which may result in the Funds incurring
additional costs and expenses or otherwise affect the management and operation of the
Funds; (iii) Shamrock may be required to make detailed information relating to the Funds
and its investments available to regulators and third parties; and (iv) the AIFMD may also
restrict certain activities of the Fund in relation to EEA Portfolio Companies including, in
some circumstances, the Fund’s ability to recapitalize, refinance or potentially restructure
an EEA Portfolio Company within the first two years of ownership. In addition, it is
possible that some EEA jurisdictions will elect to restrict or prohibit the marketing of
non-EEA funds to investors based in those jurisdictions, which may make it more difficult
for the Funds to raise its targeted amount of commitments.
Co-Investments
The general partner may, in its sole discretion, provide or commit to provide co-
investment opportunities to one or more limited partners of the Funds and/or other
persons, in each case on terms to be determined by the general partner in its sole
discretion. Conflicts of interest may arise in the allocation such co-investment
opportunities. The allocation of co-investment opportunities, which may be made to one
or more persons for any number of reasons as determined by the general partner in its
sole discretion, may not be in the best interests of the Funds or any individual limited
partner. In exercising its sole discretion in connection with such co-investment
opportunities, the general partner may consider some or all of a wide range of factors,
which may include the likelihood that an investor may invest in a future fund sponsored
by the general partner or its affiliates. The Funds may co-invest with third parties through
partnerships, joint ventures or other entities or arrangements. Such investments may
involve risks not present in investments where a third-party is not involved, including the
possibility that a third-party co-venturer or partner may at any time have economic or
business interests or goals that are inconsistent with those of the Funds, or may be in a
position to take action contrary to the investment objectives of the Funds. In addition,
the Funds may in certain circumstances be liable for actions of its third-party co-venturer
or partner.
Force Majeure
Portfolio investments may be affected by force majeure events (i.e., events beyond the
control of the party claiming that the event has occurred, including, without limitation,
acts of God, fire, flood, earthquakes, outbreaks of an infectious disease, pandemic or any
other serious public health concern, war, terrorism, labor strikes, major plant
breakdowns, pipeline or electricity line ruptures, failure of technology, defective design
and construction, accidents, demographic changes, government macroeconomic policies,
social instability, etc.). Some force majeure events may adversely affect the ability of a
party (including a portfolio company or a counterparty to a Fund or a Portfolio Company)
to perform its obligations until it is able to remedy the force majeure event. These risks
could, among other effects, adversely impact the cash flows available from a Portfolio
Company, cause personal injury or loss of life, damage property, or instigate disruptions
of service. In addition, the cost to a Portfolio Company or a Fund of repairing or replacing
damaged assets resulting from such force majeure event could be considerable. Force
majeure events that are incapable of or are too costly to cure may have a permanent
adverse effect on a Portfolio Company. Certain force majeure events (such as war or an
outbreak of an infectious disease) could have a broader negative impact on the world
economy and international business activity generally, or in any of the countries in which
a Fund would invest. Additionally, a major governmental intervention into industry,
including the nationalization of an industry or the assertion of control over one or more
Portfolio Companies or its assets, could result in a loss to a Fund, including if the
investment in such Portfolio Companies is canceled, unwound or acquired (which could
be without adequate compensation).
Cybersecurity
Shamrock, the Funds’ service providers and other market participants increasingly depend
on complex information technology and communications systems to conduct business
functions. These systems are subject to a number of different threats or risks that could
adversely affect the Funds and their Investors, despite the efforts of Shamrock and the
Funds’ service providers to adopt technologies, processes and practices intended to
mitigate these risks and protect the security of their computer systems, software,
networks and other technology assets, as well as the confidentiality, integrity and
availability of information belonging to the Funds and its Investors. For example,
unauthorized third parties may attempt to improperly access, modify, disrupt the
operations of, or prevent access to these systems of Shamrock, the Funds’ service
providers, counterparties or data within these systems. Third parties may also attempt to
fraudulently induce employees, customers, third-party service providers or other users
of Shamrock systems to disclose sensitive information in order to gain access to Shamrock
data or that of the Funds’ Investors. A successful penetration or circumvention of the
security of the Adviser’s systems could result in the loss or theft of an investor’s data or
funds, the inability to access electronic systems, loss or theft of proprietary information
or corporate data, physical damage to a computer or network system or costs associated
with system repairs. Such incidents could cause the Funds, Shamrock, or their service
providers to incur regulatory penalties, reputational damage, additional compliance costs
or financial loss.
Similar types of operational and technology risks are also present for the companies in
which the Funds invest, which could have material adverse consequences for such
companies, and may cause the Funds’ investments to lose value.
It is critical that investors refer to the applicable Governing Documents for a complete
understanding of the material risks involved in an investment in the Funds. The information
contained herein is a summary only and is qualified in its entirety by such documents.
please register to get more info
We have not been subject to any disciplinary action, whether criminal, civil or
administrative (including regulatory) in any jurisdiction. Likewise, no person involved in
the management of the Firm has been subject to such action.
please register to get more info
The Funds may have conflicts of interest arising out of the overall investment activity of
the general partner, Shamrock and the other Shamrock entities. To mitigate these
conflicts, Shamrock will not organize or sponsor another Fund that invests in middle-
market MEC companies that are organized or derive substantially all of their revenues
from business operations in North America or Entertainment IP, until the earlier of (a)
the end of the Funds commitment period and (b) the date on which at least 75% of the
total commitments have been contributed to the Funds or committed or reserved for
Portfolio Company investments, Management Fees and Fund expenses.
As noted under Item 4 above, Shamrock (or its Advisory Affiliate) have entered into Side
Letters or similar agreements with certain Investors in the Funds that are not made
available to Investors generally. Certain Side Letter terms may be granted to incentivize
or permit certain limited partners to invest with Shamrock, invest certain amounts, or
invest with Shamrock in the future. Although such Side Letters may give rise to conflicts
of interest, Shamrock has adopted procedures to monitor all Side Letters to ensure no
investors are disadvantaged by the triggering of one or more provisions of a Side Letter.
Please refer to Item 4 for additional information.
Shamrock and its personnel can be expected to receive certain intangible and/or other
benefits and/or perquisites arising or resulting from their activities on behalf of the Funds
that will neither be subject to an offset against any Management Fees payable to the Funds
nor will otherwise be shared with Funds, Investors and/or Portfolio Companies. For
example, airline travel or hotel stays incurred as Fund or account expenses typically result
in cash rebates, “miles,” “points” or credit in loyalty/status programs, and such benefits
and/or amounts will, whether or not de minimis or difficult to value, inure exclusively to
Shamrock and/or such personnel (and not the Funds, Investors and/or Portfolio
Companies) even though the cost of the underlying service is borne by the Funds,
Investors and/or Portfolio Companies.
please register to get more info
Personal Trading Code of Ethics
Shamrock has adopted a Code of Ethics (the “Code”) for the Firm describing its high
standard of business conduct and its fiduciary duty to Investors. All access persons at
Shamrock must acknowledge the terms of the Code of Ethics initially upon employment,
annually thereafter, or upon any material amendment.
As a fiduciary, we owe an undivided duty of loyalty to our shareholders, Investors and the
Funds. It is Shamrock's policy that all employees conduct themselves so as to avoid not
only actual conflicts of interest with our shareholders and the Investors, but also so they
refrain from conduct which could give rise to the appearance of a conflict of interest that
may compromise the trust shareholders and Investors have placed in Shamrock and our
employees.
Participation or Interest in Client Transactions
We serve as the investment adviser to the Funds and our Advisory Affiliates serve as the
general partner of the Funds. Advisory Affiliates, Shamrock and its employees and their
relatives may have a financial interest in the Funds through a Carried Interest and/or a
direct investment interest in the Funds. As such, we could be considered to have
recommended to Investors that they buy or sell securities or investments in which we or
a related person has some financial interest. Such interests will vary Fund by Fund. The
existence of these varying circumstances may present conflicts of interest in determining
how much, if any, of certain investment opportunities to offer to a Fund.
In addition, many of the Funds have established an advisory committee, consisting of
Investors that are not affiliated with Shamrock. The advisory committees meet as required
(but not less once a year) to consult with Shamrock and its Advisory Affiliates as to certain
potential conflicts of interest and perform its other responsibilities expressly set forth the
Funds Partnership Agreement. On any issue involving actual conflicts of interest, the
Adviser will be guided by its good faith discretion
Personal Trading
Subject to the Code and applicable laws, officers, directors and employees of Shamrock
and its affiliates may not trade for their own accounts in securities which are
recommended to and/or purchased for the Funds. While it is not currently expected that
the Funds will invest in traditional equity securities, the Code is designed to assure that
the personal securities transactions, activities and interests of access persons of Shamrock
will not interfere with (i) making decisions in the best interest of the Funds and (ii)
implementing such decisions while, at the same time, allowing employees to invest for
their own accounts. In addition, the Code requires preclearance of certain transactions,
including investments in IPOs or private offerings. Access persons trading is monitored
under the Code in order to attempt to reasonably prevent conflicts of interest between
Shamrock, its Advisory Affiliates and its Funds.
Our Code of Ethics is available to Investors and prospective investors upon request by
contacting the Chief Compliance Officer.
please register to get more info
As an adviser to private equity funds, we do not generally make investments in securities
listed on national exchanges. If there were a situation where we would place a trade(s)
through a broker, we would seek “best execution” in light of the circumstances involved
in the transaction. In selecting a broker for any transaction, we would consider a number
of factors, including, for example, the broker’s reputation, net price or spread, financial
strength and stability, market access, efficiency of execution and error resolution, and the
size of the transaction. We would not be obligated to obtain the lowest commission or
best net price for a Fund on any particular transaction.
please register to get more info
Review of Accounts
The Fund portfolios are reviewed by the Team on at least a weekly basis. This review
includes a discussion of current and prospective investments.
Client Reports
Investors in the Funds will typically receive, among other things, a copy of audited financial
statements of the relevant Fund in accordance with the Limited Partnership Agreement,
as amended. In addition, Investors in each Fund will typically receive written reports
containing unaudited summary financial data regarding such Fund, as well as Portfolio
Company information, on a quarterly basis.
please register to get more info
Shamrock is deemed to have custody of the assets owned by its Funds. To ensure
compliance with Rule 206(4)-2 under the Advisers Act (“Custody Rule”) Shamrock will
ensure that each of its Funds: (i) is audited at least annually and upon liquidation by an
independent public accountant registered with, and subject to regular inspection by, the
Public Company Accounting Oversight Board (commonly referred to as the “PCAOB”)
in accordance with U.S. Generally Accepted Accounting Principles (“GAAP”); and (ii)
distributes its audited financial statements to all limited partners (or other beneficial
owners) within 120 days of the end of the Funds fiscal year (or, in the case of a liquidating
audit, promptly after completion of the audit).
please register to get more info
Subject to any investment restrictions set forth in the Governing Documents, we have
discretionary authority to make the following determinations without obtaining the
consent of any Fund or Investor before the transactions are effected:
the securities that are to be bought or sold;
the total amount of the securities to be bought or sold;
the brokers, investment banks or placement agents through which securities
are to be bought or sold; and
the commissions, fees or other rates at which securities transactions for a Fund
are effected.
Our discretionary authority is derived from our authority as the investment manager of
each Fund and pursuant to an investment management agreement entered into by
Shamrock and the Fund.
please register to get more info
Although infrequent, when necessary, we will vote proxies/corporate actions of
companies in which the Funds invest. The proxies/corporate actions will be reviewed and
analyzed by the appropriate managing member of the relevant Fund. Prior to voting, we
will make a determination, in our opinion, as to what vote is in the best interest of the
Fund. Shamrock will maintain a written record of the proxy/corporate action vote on
each occasion that a vote is required.
Upon request, we will provide an Investor with a copy of our proxy voting policies and
procedures and/or a record of all proxy votes cast by the Funds.
please register to get more info
We require prepayment of more than $1,200 in fees, per client, six months in advance
and are therefore required to include with this filing a copy of the Firm’s balance sheet
for our most recent fiscal year prepared in accordance with GAAP, audited by an
independent public accountant, and accompanied by a note stating the principles used to
prepare it, the basis of securities included, and any other explanations required for clarity.
Please see attached balance sheet.
We are not aware of any financial condition that is reasonably likely to impair Shamrock’s
ability to meet contractual obligations to our clients.
Shamrock Capital Advisors, LLCFinancial Report December 31, 2019 Contents
Independent Auditor’s Report 1
Financial Statement
Statement of financial condition 2
Notes to financial statement 3
Independent Auditor’s Report To the Members
Shamrock Capital Advisors, LLC
Report on the Financial Statement We have audited the accompanying statement of financial condition of Shamrock Capital Advisors, LLC
as of December 31, 2019, and the related notes to the financial statement.
Management’s Responsibility for the Financial Statement Management is responsible for the preparation and fair presentation of this financial statement in
accordance with accounting principles generally accepted in the United States of America; this includes
the design, implementation and maintenance of internal control relevant to the preparation and fair
presentation of financial statement that is free from material misstatement, whether due to fraud or error.
Auditor’s Responsibility Our responsibility is to express an opinion on this financial statement based on our audit. We conducted
our audit in accordance with auditing standards generally accepted in the United States of America.
Those standards require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statement is free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in
the financial statement. The procedures selected depend on the auditor’s judgment, including the
assessment of the risks of material misstatement of the financial statement, whether due to fraud or error.
In making those risk assessments, the auditor considers internal control relevant to the entity’s
preparation and fair presentation of the financial statement in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of
the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating
the appropriateness of accounting policies used and the reasonableness of significant accounting
estimates made by management, as well as evaluating the overall presentation of the financial statement.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for
our audit opinion.
Opinion In our opinion, the financial statement referred to above presents fairly, in all material respects, the
financial position of Shamrock Capital Advisors, LLC as of December 31, 2019, in accordance with
accounting principles generally accepted in the United States of America.
Los Angeles, California
March 24, 2020
Shamrock Capital Advisors, LLCStatement of Financial Condition
December 31, 2019
AssetsCash and equivalents4,205,451 $
Due from related parties (Note 4) 1,744,244
Accounts receivable, portfolio companies 599,637
Property and equipment299,224
Other assets199,853
Total assets 7,048,409 $
Liabilities and Members’ Capital
Accrued expenses and accounts payable923,582 $
Due to related parties (Note 4) 217,759
Deferred lease liability (Note 5) 185,128
Other liability (Note 3)209,683
1,536,152
Members’ Capital ( Note 3 ) 5,512,257
Total liabilities and members’ capital7,048,409 $ See Notes to Financial Statement.
Note 1. Nature of Business and Summary of Significant Accounting Policies Nature of business: Shamrock Capital Advisors, LLC (a Delaware Limited Liability Company) (the
Company) was formed on January 19, 2010 to provide discretionary investment advisory services and
management services to the following private equity, privately pooled investment vehicles (collectively,
the Funds) as well as certain portfolio company investments held by these Funds:
Shamrock Capital Content Fund I, LP (formerly, the Entertainment IP Fund, LP)
Shamrock Capital Content Fund II, LP
Shamrock Capital Growth Fund II, LP
Shamrock Capital Growth Fund III, LP
Shamrock Capital Growth Fund IV, LP
In certain situations, Shamrock has provided co-investment opportunities in the equity related
investments of the Funds, primarily when the equity requirements of an investment exceed those allowed
by the mandate of the Funds. Shamrock currently provides discretionary investment advisory services
and management services, and has custody of the assets of the following pooled co-investment
investment vehicles:
BC Holdco, LLC
M3 Holdco, LLC
Shamrock FanDuel CoInvest, LLC
Shamrock FanDuel CoInvest II, LP
Shamrock Mobilitie Co-Invest, LLC
Shamrock RB Co-Invest, LLC
Shamrock Screenvision Co-Invest I, LLC
A summary of the Company’s significant accounting policies is as follows:
Basis of presentation: The Company follows Generally Accepted Accounting Principles in the United
States of America (GAAP), as established by the Financial Accounting Standards Board (FASB), to
ensure consistent reporting of financial condition.
Use of estimates: The preparation of financial statements in conformity with GAAP requires
management to make estimates and assumptions that affect the reported amounts and disclosures in the
financial statements and accompanying notes. Management believes that the estimates utilized in
preparing these financial statements are reasonable and prudent; however, actual results could differ
from those estimates.
Cash and cash equivalents: Cash and cash equivalents include all highly liquid investment instruments
with an original maturity of three months or less. The Company maintains its cash in bank deposit
accounts which at times may exceed insured limits. The Company has not experienced any losses on
such amounts.
Revenue recognition and related receivables: The Company earns management fees from the Funds
and certain portfolio companies held by these Funds pursuant to contractual arrangements. Management
fees are earned as the services are provided and billed in advance, either on a quarterly or semiannual
basis, as specified in the contract. Management fees from the Funds are based on a stipulated
percentage of the Funds’ committed capital, or in some cases, invested capital. Management fees from
the portfolio companies are amounts as specified in the contract, a portion of which are used to offset the
management fees charged to the Fund that holds the investment in the portfolio company.
Note 1. Nature of Business and Summary of Significant Accounting Policies (Continued) Included in due to related parties is $116,574 related to a reduction of future Fund management fees due
to management advisory fees received by the Company directly from Fund portfolio companies. At
December 31, 2019, management has determined that no allowance for losses is necessary for accounts
receivable.
Property and equipment: Expenditures for additions, renewals and betterments are capitalized as
incurred. Expenditures for maintenance and repairs are charged to expense as incurred. Property and
equipment is stated at cost less accumulated depreciation. Depreciation is computed using the straight-
line method based on the estimated useful lives of the assets.
Impairment of long-lived assets: Long-lived assets are evaluated for impairment whenever events or
changes in circumstances have indicated that an asset may not be recoverable and are grouped with
other assets to the lowest level for which identifiable cash flows are largely independent of the cash flows
of other groups of assets and liabilities. If the sum of the projected undiscounted cash flows (excluding
interest charges) is less than the carrying value of the assets, the assets will be written down to the
estimated fair value and such loss is recognized in the period in which the determination is made.
Management determined that no impairment of long-lived assets existed as of December 31, 2019.
Income taxes: The Company qualifies as a partnership for tax purposes. Accordingly, no provision for
income taxes is necessary in the financial statements of the Company because, as a partnership, it is not
subject to income tax. Instead, the members report their distributive share of the Company’s taxable
profits, losses and credits on their respective income tax returns.
The Company determines whether a tax position of the Company is more likely than not to be sustained
upon examination, including resolution of any related appeals or litigation processes, based on the
technical merits of the position. For tax positions meeting the more-likely-than-not threshold, the tax
amount recognized in the financial statements is reduced by the largest benefit that has a greater than 50
percent likelihood of being realized upon ultimate settlement with the relevant taxing authority.
Management has determined that there were no material uncertain income tax positions for the year
ended December 31, 2019. The Company files tax returns as prescribed by the tax laws of the
jurisdictions in which it operates. In the normal course of business, the Company is subject to
examination by federal, state and local jurisdictions, where applicable. The 2015 through 2019 tax years
remain subject to examination by the major tax jurisdictions.
Recent Accounting Developments: In May 2014, the FASB issued amended guidance on revenue from
contracts with customers. The Company adopted this new guidance effective beginning January 1, 2019.
The guidance requires that an entity should recognize revenue to depict the transfer of promised goods or
services to customers in an amount that reflects the consideration to which the entity expects to be
entitled in exchange for those goods or services. An entity is required to (a) identify the contract(s) with a
customer, (b) identify the performance obligations in the contract, (c) determine the transaction price, (d)
allocate the transaction price to the performance obligations in the contract, and (e) recognize revenue
when (or as) the entity satisfies a performance obligation. In determining the transaction price, an entity
may include variable consideration only to the extent that it is probable that a significant reversal in the
amount of cumulative revenue recognized would not occur when the uncertainty associated with the
variable consideration is resolved.
The Company concluded that its management fees are within the scope of the amended revenue
recognition guidance and that the adoption of the amended guidance did not have a material impact on
the recognition of management fees.
Note 1. Nature of Business and Summary of Significant Accounting Policies (Continued) Accounting standards not yet adopted: In February 2016, the FASB issued ASU 2016-2 “Leases”
(ASU 2016-2). ASU 2016-2 requires the rights and obligations arising from lease contracts, including
existing and new arrangements, to be recognized as assets and liabilities on the balance sheet. ASU
2016-2 is effective for annual reporting periods beginning after December 15, 2019, including interim
periods within those years. Early adoption is permitted. The Company is still evaluating the impact that
the adoption of this standard will have on its statement of financial condition and financial disclosures.
Note 2. Property and Equipment Note 3. Members’ Capital
The Company is organized as a limited liability company (LLC), which is governed by a limited liability
company agreement (the LLC Agreement). Significant terms of the LLC Agreement are summarized as
follows:
Allocations of net income or loss are allocated among the members in accordance with the LLC
Agreement. Distributions to members are at the sole discretion of the Management Committee.
Transfers of interest are permitted in accordance with the LLC Agreement or prior approval of the Board.
Member redemption: Effective August 15, 2015, the Company agreed to purchase the 15% ownership
interest of a member of the Company. The sale price is payable over four years, the remaining amount
due is included in Other liability on the statement of financial condition and is recorded at its fair value as
of December 31, 2019. The remaining balance of this liability was paid on January 22, 2020.
Member non-recourse loans: The Company issued a promissory note on March 31, 2016 to two Class
A Members, bearing interest at 0.7%, the Applicable Federal Rate as of the date of the note. The
remaining principal is payable in three equal $70,000 equal payments on January 15th each year from
2018 through 2020. The new Members 5% membership interest vested 20% on the date of admission to
the Company and will vest an additional 20% on each anniversary of that date. If these new Class A
Members become Inactive, the unvested portion of these membership interests would be reallocated to
the other Class A Members.
ASC 718,
Compensation—Stock Compensation, establishes accounting and reporting standards for
share-based payment transactions with employees, including awards classified as equity and awards
classified as liabilities. FASB ASC 718 requires that share-based payment transactions be accounted for
using a fair value based method and shall reflect the rights conveyed to the holder of the instruments and
the obligations imposed on the issuer of the instruments. Therefore, the Member non-recourse loans are
not reflected as a receivable nor as Member’s capital on the statement of financial condition as of
December 31, 2019, with the exception of the amounts paid as of December 31, 2019.
Useful Life
in Years Amount
Leasehold improvements5826,566 $
Computers 5355,697
Furnishings 7435,093
ArtworkNA23,717
1,641,073
Less accumulated depreciation(1,341,849)
299,224 $
Note 4. Related-Party Transactions Periodically, the Company incurs and pays expenses, reimbursable by the Funds, relating to the Funds’
operating activities. At December 31, 2019, amounts due from related parties in the statement of
financial condition includes $1,682,315 due from the Funds associated with such expenses and $61,929
due from the Fund’s General Partners.
The Company pays a licensing fee under a licensing agreement for use of the Shamrock trade name. As
of December 31, 2019, $87,302 is included in due to related parties in the statement of financial condition
associated with the licensing fee. Also included in due to related parties is $116,574 in management fee
offsets.
Certain officers, members of management, and shareholders of the Company periodically invest in the
Funds.
Note 5. Operating Leases
The Company leases its office under a noncancelable agreement which expires in August 2021 requiring
minimum annual rentals. The lease included a $393,120 allowance for leasehold improvements and a
three-month rent holiday in 2015. Lease payments are reflected on a straight-line basis over the term of
the lease and any excess of the recognized lease expense, which includes the consideration of lease
incentives over the actual lease cash payments, are included as deferred lease liability.
The total minimum rental commitment as of December 31, 2019 is due in future years as follows:
Years Ending December 31,Amount
is not possible to determine if any loss will be incurred by the Company from this lawsuit.
Company, along with the other defendants, are vigorously defending against these claims. At this time, it
three Company Funds that invested in FanDuel, amongst others, arising out of FanDuel’s merger. The
In February 2020, former FanDuel shareholders filed a lawsuit against the Company, Michael LaSalle, the
statements.
issued, and has determined that the following subsequent events require disclosure in the financial
recognition or disclosure through March 24, 2020, the date the financial statements were available to be
In preparing these financial statements, the Company has evaluated events and transactions for potential
Note 7. Subsequent Eventscontribution to the Plan. For 2019, the rate of Company match was three percent.
Company, at its option, may match a portion of compensation for all eligible employees in the form of a
deferrals may accumulate on a tax-deferred basis until the employee withdraws the funds. The
Revenue Code. The Plan allows eligible employees to defer a portion of their compensation. Such
The Company has established a salary deferral plan (the Plan) under Section 401(k) of the Internal
Note 6. Employee Benefits $ 1,093,840
2021 442,688
2020 $ 651,152
Note 7. Subsequent Events (Continued) During the first quarter of 2020, the Company observed a significant deterioration in the global economy
due to the COVID-19 pandemic. The Company acknowledges the risks associated with these events and
will continue to monitor the situation and its impact as it develops.
Also during the first quarter of 2020, two Members left the Company. Details regarding their Membership
redemption are in process.
please register to get more info
Open Brochure from SEC website