Sebastian Kost

Sebastian Kost

Education

Freie Universität Berlin (First State Exam, 1997)
Appellate Court of Berlin (Second State Exam, 2001)
Bavarian State Ministry of Finance (Tax Adviser Examination, 2010)

Bar Admissions

Germany

Deutsche Version

Sebastian Kost is an attorney and certified tax advisor at Morrison & Foerster’s German office in Berlin. He has extensive experience on domestic and international tax matters, with a special focus on tax structuring and planning.

Mr. Kost advises sovereign, corporate and private clients across a number of industries on a broad range of assignments, including investments, divestments, domestic and multinational group structures and intra-group relationships, restructurings, reorganizations and joint ventures as well as complex debt, mezzanine and equity capital measures.

Prior to joining Morrison & Foerster, Mr. Kost was a member of the corporate and tax practice groups of an international law firm in Berlin and Munich and another international law firm in Munich and Frankfurt.

He also spent some years as a research associate with an international big five accounting firm and served, during his legal clerkship, with the Berlin Finance Court and the Berlin Internal Revenue Service.

Mr. Kost has authored numerous articles in leading German publications, among others, on the German Double Taxation Treaty with the United States and the taxation of private equity investments in Germany.

Representative M&A Matters

  • Yahoo! in connection with the acquisition of a German media tech company in 2015.
  • 21st Century Fox in connection with the $ 4.9 billion sale of a controlling stake in Sky Deutschland AG to BSkyB Group in 2014.
  • ACE III LLC, an affiliate of U.S.-based Anschutz Company, in connection with the sale of German-based Rail.One group, a manufacturer of concrete railroad ties, railroad systems and railway track, to India based PCM Group in 2013.
  • News Corp, the U.S.-based multinational media corporation, in connection with a comprehensive €438 million long-term financing structure for German pay TV operator Sky group, including the issuance of new equity via the combination of a private placement and a rights offering in 2013.
  • BWK GmbH, the German-based equity investment company with a focus on long-term investments in German medium-sized businesses, in connection with the sale of German-based Wieland Dental, a supplier in the dental technology market, to Ivoclar Vivadent in 2012.
  • DAM Invest S.à.r.l., an affiliate of U.S.-based Anschutz Company, in connection with the debt restructuring and acquisition of German-based Rail.One group from AXA PE in 2011.
  • European private equity firm in connection with the bidding for German cable TV operator Kabel Baden-Württemberg GmbH in 2011.
  • Keolis S.A., the subsidiary of France’s national rail provider SNCF, in connection with the bidding for the German transport unit of Arriva group, put on sale by Deutsche Bahn to fulfill EU antitrust conditions, in 2010.
  • News Corp and affiliates on the sale of the Fox Mobile sub-group, a portal for wireless internet content, to Canada based Jesta Digital group in 2010.
  • Primacom AG, a German cable network operator in multimedia and telecommunication market, in connection with the sale of certain broadband cable networks to Kabel Deutschland Group in 2010.
  • News Corp in connection with €340 million financing measures initiated by Sky Deutschland AG, such as a convertible bond and a rights offering in 2010.
  • PubliGroupe S.A., Swiss-based international group in media sales and marketing services, in connection with a €215 million joint-venture with an affiliate of Axel Springer AG in view of Zanox.de AG, the European performance advertising network, in 2008.
  • Texas Pacific Group, a private equity investment firm, in connection with the €265 million acquisition of a 27.3% stake in Mobilcom AG, a German mobile phone provider, from France Télécom in 2005.
  • Lone Star, a private equity investment firm with a focus on distressed investment opportunities, in connection with the acquisition of a non-performing commercial loan portfolio from Dresdner Bank AG with a nominal value of €1.2 billion in 2004.
  • Avaya Inc, a provider of business communications software, systems and services, in connection with the US $630 million acquisition of Tenovis, a major European provider of enterprise communications systems and services, from KKR in 2004.
  • Texas Pacific Group in connection with the €1.5 billion acquisition of German luxury bathroom fittings maker Grohe group from BC Partners in 2004.
  • Montagu Private Equity, a private equity investment firm, in connection with the €500 million acquisition of Stabilus group, a supplier of gas springs and hydraulic dampers, from KKR, and in connection with the acquisition of Kalle group, a supplier of casings for processed meat products, from CVC Capital Partners in 2004.
  • Summit Partners, a growth equity investment firm, in connection with the sale of its stake in Jamba! AG, a German portal for wireless internet content, to Verisign in 2004, and in connection with the acquisition of its stake in Jamba! AG in 2003.
  • Cerberus, a private equity investment firm, in connection with the financing of the €270 million acquisition of German outdoor advertising company DSM by Ströer Out-of-home Media AG in 2003.

Representative Real Estate Matters

  • Canadian-based pension fund in connection with the acquisition of a real estate development project in Lower-Saxony in 2013.
  • Keolis S.A., the subsidiary of France’s national rail provider SNCF, in connection with the bidding for the German real estate unit of Arriva group in 2010.
  • German-based publicly traded real estate corporation in connection with a €160 million project development in Berlin in 2009.
  • German-based financial institution in connection with the acquisition of a €455 million performing residential property loan portfolio in 2008.
  • Italian-based investor group in connection with the acquisition of a German real estate portfolio in 2007.
  • W.P. Carey, a publicly traded U.S. REIT, in connection with a US $445 million long-term financing of DIY retailer Hellweg through a partial purchase of the real estate subsidiary and a loan collateralized by 37 operating sites in 2007.
  • U.S.-based real estate private equity firm in connection with the acquisition of a non-performing commercial property loan portfolio with a nominal value of €82 million in 2006.
  • Banca Intesa S.p.A., an Italian-based financial institution, in connection with the €360 million economic transfer of a mortgage loan portfolio from German private bank Loebbecke to Banca Intesa and sale of said private bank to M.M. Warburg in 2003.
  • German municipality in connection with the leasing of its US $1.5 billion subway and streetcar track system in 2003.
  • Texas Pacific Group, the private equity investment firm, in connection with the bidding for Bankgesellschaft Berlin, including the structure to ring-fence €21 billion risks from the target's real estate fund activities, in 2003.
  • German municipality in connection with the leasing of its US $1.7 billion subway and streetcar track system in 2002.

MoFo ScaleUp

Email Disclaimer

Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

©1996-2017 Morrison & Foerster LLP. All rights reserved.