July 25, 2008
 
Transactions and Cases - 2007
 
 
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    Client   Transactions and Cases   Year  
               
    Epicor Software Corporation   Epicor Software Corporation has completed the firm's acquisition of NSB Retail Systems PLC in a transaction valued at $322 million. Davies represented Epicor on all Canadian matters relating to M&A and securities. Details   12/17/2007/2007  
    Nycomed Group   The Nycomed Group of Denmark has acquired ALTANA Pharma AG, the pharmaceutical business of German-based ALTANA AG. The transaction is valued at 4.215 billion Euros. Davies represented Nycomed in respect of Competition Act and Investment Canada Act matters Details   1/1/2007/2007  
    GS Capital Partners   Advising an investment group led by Joseph Neubauer and investment funds managed by GS Capital Partners, CCMP Capital Advisors and JP Morgan Partners, Thomas H. Lee Partners and Warburg Pincus LLC in connection with the acquisition of ARAMARK Corporation. Details   1/1/2007/2007  
    Stephanie Bruker   Successfully acted pro bono before the Supreme Court of Canada in the landmark case of Bruker v. Marcovitz where damages were awarded for the failure to respect a contractual promise to provide a jewish divorce. Details   12/14/2007/2007  
    Amcor Limited   Amcor Limited of Melbourne, Australia completed the sale of its polyethylene terephthalate (PET) packaging operation in Europe to La Seda de Barcelona S.A, of Barcelona, Spain. Details   10/22/2007/2007  
    Symmetry Holdings Inc.   Novamerican Steel Inc. was acquired by a wholly-owned indirect subsidiary of Symmetry Holdings Inc for a purchase price of US$585.2 million. Details   11/15/2007/2007  
    TPG Capital   TPG Capital has announced that it has entered into a definitive agreement to acquire Quebec based Axcan Pharma Inc. in an all cash deal valued at US$1.3 billion. Details   11/27/2007/2007  
    RP Capital and Glencore   Katanga Mining Limited and Nikanor PLC have agreed on a merger of the two companies. The merger will create a company with a combined market capitalisation of approximately US$2.7 billion. Details   11/6/2007/2007  
    Schonbek Worldwide Lighting, Inc.   Swarovski US Holding Ltd., a subsidiary of Swarovski International Holding, acquired a 100% interest in Schonbek Worldwide Lighting Inc., and its affiliated companies. Details   10/22/2007/2007  
    Barrick Gold Corporation   Barrick Gold Corporation announced that it had acquired approximately 94.7 percent of the outstanding shares of Arizona Star Resource Corp. Davies represented Barrick Gold Corporation in the transaction. Details   12/18/2007/2007  
    Westwind Partners Inc.   Thomas Weisel Partners Group Inc. acquired Westwind Partners Inc., a Toronto-based independent investment bank focused on the energy and mining sectors, in a transaction valued at approximately $146.7 million. Davies represented Westwind Partners Inc. Details   12/31/2007/2007  
    Osprey Media Income Fund   Osprey Media Income Fund was acquired by Quebecor Media Inc. in a deal that values Osprey at approximately $575.8 million. Davies represented Osprey Media Income Fund. Details   8/3/2007/2007  
    IPC US REIT   IPC US Real Estate Investment Trust has entered into a definitive purchase agreement to be acquired by Everclear Acquisition Corporation in an all cash transaction valued at approximately US$1.4 billion. Details   8/14/2007/2007  
    Cominar REIT   Cominar REIT completes a $110 million offering of convertible debentures. Details   11/14/2007/2007  
    Citibank N.A. and Syndicate   Citibank N.A., ABN Amro Incorporated, GE Capital Markets, Inc., HSBC and J.P. Morgan Securities Inc. were initial purchasers in a $1.5 billion senior notes offering. Davies represented Citibank N.A. and syndicate. Details   8/31/2007/2007  
    Citibank N.A. and Syndicate   Citibank, N.A. acted as agent for a syndicate of lenders in a US$1 billion multi-currency asset-based revolving credit facility. Davies represented Citibank N.A. and syndicate of lenders. Details   8/31/2007/2007  
    Citibank N.A. and Syndicate   Citibank International Plc, Citibank N.A. and General Electric Capital Corporation as agents and a syndicate of lenders in a US $6.7 billion term credit facility. Davies represented Citibank N.A. and syndicate. Details   8/31/2007/2007  
    Corus Entertainment   Corus Entertainment Inc. has acquired the radio station CIGR-FM, of Sherbrooke, in a deal valued at approximately CDN $1.1 million. Davies represented Corus Entertainment Inc. Details   10/29/2007/2007  
    CryoCath Technologies Inc.   CryoCath Technologies Inc. has announced an agreement to sell their surgical portfolio to ATS Medical in a $22 million cash transaction. Davies is representing CryoCath Technologies Inc. Details   10/29/2007/2007  
    Le Chateau Inc.   Le Château Inc. and 125387 Canada Inc. announced the closing of a bought deal secondary offering by 125387 of 300,000 Class A Subordinate Voting Shares of Le Château at a price of $63.00 per share, for gross proceeds to 125387 of $18.9 million. Details   10/26/2007/2007  
    InnVest Real Estate Investment Trust   InnVest has entered into an agreement to sell $200 million of subscription receipts and $70 million of convertible extendible unsecured subordinated debentures. Details   10/23/2007/2007  
    Confederation Life Insurance Company   Acted for the Inspector in the winding-up of Confederation Life Insurance Company. Details   10/23/2007/2007  
    InnVest Real Estate Investment Trust and Cadbridge Investors LP   InnVest Real Estate Investment Trust, in partnership with Cadbridge Investors LP, have announced a take-over bid for all of the outstanding units of Legacy Hotels Real Estate Investment Trust. The deal is valued at approximately $2.5 billion. Details   7/18/2007/2007  
    Kimco Realty Corporation   Acted for Faubourg Boisbriand Shopping Centre Holdings Inc. (a joint venture among Kimco Realty Corporation, Cherokee Partners and Sterling Centrecorp) in connection with a $165 million construction credit facility in respect of the “Faubourg Boisbriand” Details   2/14/2007/2007  
    RSM Richter Inc.   Acting for RSM Richter Inc as monitor of MuscleTech Development Inc. under Companies' Creditors Arrangement Act and proceedings under Chapter 15 of the U.S. Bankruptcy Code. Details   2/4/2007/2007  
    Khan Resources Inc.   Khan Resources Inc. completed a public offering of 8,150,000 common shares at a price of $3.70 per share for gross proceeds of $30,155,000. the net proceeds of the offering, which was underwritten by Haywood Securities Inc. Details   3/1/2007/2007  
    Patheon Inc.   Patheon Inc. completed the issuance of US$150 million of convertible preferred shares through a private placement to JLL Partners. Davies represented Patheon Inc. Details   4/27/2007/2007  
    Scotia Capital Inc., GMP Securities L.P., BMO Nesbitt Burns Inc., CIBC World Markets Inc., Desjardins Securities Inc. and National Bank Financial Inc.   Cogeco Cable issued 5,000,000 subordinate voting shares for total proceeds of $192.5 million on a bought deal basis. Details   2/2/2007/2007  
    MethylGene Inc.   MethylGene Inc., a biopharmaceutical company seeking treatment for cancer and infectious diseases, completed a bought deal financing with an underwriting syndicate led by Canaccord Capital Corporation Details   3/2/2007/2007  
    Agnico-Eagle Mines Ltd   Agnico-Eagle Mines Ltd. acquired Cumberland Ressources Ltd. in a share-exchange take-over bid that values Cumberland at approximately $710 million. Details   5/1/2007/2007  
    Cominar REIT   Cominar REIT has entered into a binding asset purchase agreement with Homburg Invest Inc. to purchase 6.5 million square feet of office and industrial properties for $592 million. Details   2/12/2007/2007  
    Cryocath Technologies Inc.   CryoCath Technologies Inc. has announced an agreement to sell their surgical portfolio to ATS Medical in a $22 million cash transaction. Davies is representing CryoCath Technologies Inc. Details   7/11/2007/2007  
    BCE Inc.   BCE Inc. reached a definitive agreement to be acquired by an investor group led by Teachers Private Capital, the private investment arm of the Ontario Teachers Pension Plan, Providence Equity Partners Inc., and Madison Dearborn Partners LLC. Details   7/12/2007/2007  
    Jaguar Mining Inc.   Jaguar Mining Inc. has completed its private placement offering of CDN$86.25 million units through a syndicate led by TD Securities and including Blackmont Capital Inc., BMO Capital Markets and RBC Capital Markets. Davies represented Jaguar Mining Inc. Details   7/11/2007/2007  
    Thomas H. Lee Partners, L.P. and Fidelity National Financial Inc.   Advising Thomas H. Lee Partners, L.P. and Fidelity National Financial Inc. in connection with their $5.3 billion merger with Ceridian Corporation. Details   7/11/2007/2007  
    CIBC World Markets and RBC Capital Markets   CIBC World Markets and RBC Capital Markets acted as agents to the Ottawa International Airport Authority in its CDN$200 million offering of debt securities. Davies represented the agents to this deal. Details   7/11/2007/2007  
    BMO Nesbitt Burns and RBC Capital Markets   BMO Nesbitt Burns and RBC Capital Markets acted as agents to 407 International Inc. in the issuance of $300 million of subordinated bonds. Davies represented BMO Nesbitt Burns and RBC Capital Markets. Details   7/11/2007/2007  
    The Toronto-Dominion Bank, CIBC World Markets Inc., Merrill Lynch Canada Inc., RBC Dominion Securities Inc. and Scotia Capital Inc.   Canada Housing Trust™ No. 1, a special purpose securitization trust, issued 4.00% Canada Mortgage Bonds, Series 16 in an aggregate principal amount of $7.7 billion Details   7/11/2007/2007  
    EdgeStone Capital Partners   EdgeStone Capital Partners entered into a support agreement with Stephenson's Rental Services Income Fund under which EdgeStone acquired the Fund for $6.875 per unit. Davies represented EdgeStone Capital Partners. Details   7/11/2007/2007  
    Goldman Sachs & Co.   IPSCO Inc. has been acquired by SSAB Svenskt Stal AB in a deal valued at approximately $7.7 billion. Davies represented Goldman, Sachs & Co, the financial advisor to IPSCO Inc. Details   7/11/2007/2007  
    Babcock & Brown   Miami Access Tunnel, a consortium made up of Babcock & Brown, Bouygues Travaux Publics and Transfield Services Ltd., has been selected by the Florida Department of Transportation to design, build, finance, operate and maintain the Port of Miami Tunnel. Details   7/11/2007/2007  
    Zinifex Limited   Zinifex Limited completed a C$360 million take-over bid for Wolfden Resources Inc. Davies represented Zinifex Limited. Details   7/11/2007/2007  
    Dynatec Corporation   Dynatec Corporation was acquired by Sherritt International Corporation in a deal valued at CDN$1.6 billion. Davies represented Dynatec. Details   7/10/2007/2007  
    Oxbow Carbon and Minerals Holdings   Oxbow Carbon & Minerals Holdings, Inc. has acquired all of the assets of Great Lakes Carbon Income Fund at a price of $13.50 per unit. Davies represented Oxbow Carbon & Minerals Holdings, Inc. Details   7/11/2007/2007  
    Entertainment One Income Fund   Entertainment One Income Fund has been acquired by Marwyn Investment Management LLP in a transaction valued at CDN $186 million. Details   7/10/2007/2007  
    Vista Equity Partners   Vista Equity Partners has acquired Indus International in a deal valued at $240 million. Davies represented Vista on all Canadian matters related to the transaction. Details   7/10/2007/2007  
    Dako Denmark A/S   Dako Denmark A/S, a leading Denmark-based supplier of systems for cancer diagnostics in pathology laboratories, has been acquired by private equity fund EQT V in a deal valued at DKK 7.25 billion (US 1.28 billion). Details   7/10/2007/2007  
    Patheon Inc.   Patheon Inc. completed a refininacing of its existing North American and UK credit facilities with new credit facilities in an aggregate amount of US$225 million. Davies represented Patheon Inc. Details   6/20/2007/2007  
    Ministry of Public Safety (Canada)   The independent investigation into matters relating to RCMP pension and insurance plans. Davies is acting as Counsel to the independent investigator. Details   6/18/2007/2007  
    St. Lawrence Cement Group Inc.   St. Lawrence Cement Group Inc. has received a going private transaction/take-over bid by its controlling shareholder, Holcim Ltd. Details   6/12/2007/2007  
    Reuters PLC   Reuters Group PLC and the Thomson Corporation have agreed to combine to create Thomson-Reuters Corporation. The combination is valued at $17.6 billion. Details   6/12/2007/2007  
    Agricore United   Agricore United has been acquired by Saskatchewan Wheat Pool, following a takeover battle with James Richardson International, in a deal valued at $1.8 billion. Details   6/12/2007/2007  
    Onex Corporation   Onex Corporation has acquired Eastman Kodak Company's Health Group, renamed Carestream Health, Inc., in a deal valued at $2.35 billion. Davies advised Onex in connection with the financing of the acquisition. Details   5/11/2007/2007  
    Abitibi Consolidated Inc.   Abitibi-Consolidated Inc. and the Caisse de depôt et placement du Québec have completed a joint venture for the Company's hydroelectric generation facilities in Ontario. Details   5/11/2007/2007  
    Plenary Health   Plenary Health has been engaged to build, finance and operate the North Bay Regional Health Centre project. Details   4/4/2007/2007  
    Viking Air Limited   Viking Air Limited, a Victoria, B.C. based aerospace company, acquired the Type Certificates for the de Havilland fleet of heritage aircraft—the Chipmunk, Beaver, Otter, Caribou, Buffalo, Twin Otter and DASH 7—from Bombardier Inc. in 2006. Details   2/4/2007/2007  
    Access Justice Durham consortium, Babcock & Brown and ABN AMRO Bank   Access Justice Durham has been chosen by the Province of Ontario to design, build, finance and maintain the Durham Consolidated Courthouse. Details   3/4/2007/2007  
    Canada Pipe Co. Ltd.   Canada Pipe was investigated by the Competition Bureau regarding certain of its distribution practices. After a hearing at the Federal Court of Appeal, this matter was resolved by negotiated Consent Agreement in December 2007. Details   3/4/2007/2007  
    La Senza Corporation   La Senza Corporation was acquired by Limited Brands, Inc. following the completion of an all-cash takeover bid valued at approximately Cdn$710 million ($609 million U.S.). Details   1/4/2007/2007  
    Abitibi-Consolidated Inc.   Abitibi-Consolidated Inc. combined with Bowater Inc. in an all-stock merger of equals. Details   3/15/2007/2007  
    Vidéotron Ltd.   Davies is representing Vidéotron Ltd. against a claim of in excess of CDN$26M for the alleged breach of a share purchase agreement. Details   2/4/2007/2007  
    Fortis Inc.   Fortis Inc. completed a public offering of 44,275,000 subscription receipts for gross proceeds of $1,151,150,000. Details   4/4/2007/2007  
    BCE sold Telesat Canada in $3.42 billion deal   BCE Inc. sold its wholly-owned subsidiary Telesat Canada, Canada's leading satellite operator, for $3.42 billion to a new acquisition company formed by Canada's Public Sector Pension Investment Board and Loral Space. Details   11/19/2007/2007