Davies

Robert S. Murphy

Rob Murphy is a partner in the Capital Markets, Corporate/Commercial, Mergers & Acquisitions and Mining practices. He works on a variety of matters, including public and private offerings of equity and debt securities, asset acquisitions and divestitures, corporate governance issues, equity monetizations and loan financings. Rob also advises public companies on disclosure issues (including those relating to mining and oil and gas companies) and general commercial matters.

In the last few years, Rob has played a principal role as counsel to both issuers and underwriters in a number of major cross-border transactions. Rob also represents several major U.S. investment banks on securities law compliance issues surrounding Canadian offerings. In addition, Rob is a member of the Small Business Advisory Committee to the Ontario Securities Commission and a past member of the Continuous Disclosure Advisory Committee to the OSC.

Representative Work

  • Acted for a syndicate of underwriters co-led by BofA Merrill Lynch and TD Securities in connection with a $500-million private placement in Canada of 3.95% Series A senior unsecured notes issued by Molson Coors International LP and guaranteed by Molson Coors Brewing Company and certain of its U.S. and Canadian subsidiaries.

  • Acted for Agnico-Eagle Mines Limited in its acquisition of Comaplex Minerals Corp.'s Meliadine gold project, by way of a "spin-off" plan of arrangement in which Comaplex shareholders received Agnico-Eagle shares and, except for the largest Comaplex shareholder, shares of Geomark Exploration Ltd., a newly-created company that holds Comaplex's non-Meliadine assets.

  • Acted for Agnico-Eagle Mines Limited in connection with the private placement to institutional investors in the United States and Canada of an aggregate of US$600 million guaranteed senior unsecured notes due 2017, 2020 and 2022 with a weighted average yield of 6.59%.

  • Acted as Canadian counsel to the syndicate of underwriters led by Morgan Stanley and RBC Capital Markets in a cross-border US$575 million initial public offering of Sprott Physical Silver Trust and in several follow-on offerings in which a further US$880 million of proceeds were raised.

  • Acted as Canadian counsel to the syndicate of underwriters led by Morgan Stanley and RBC Capital Markets in a cross-border US$442 million initial public offering of Sprott Physical Gold Trust and in several follow-on offerings in which a further US$2 billion of proceeds were raised.

  • Acted as Canadian counsel to the syndicate of underwriters led by Morgan Stanley and RBC Capital Markets in a cross-border US$280 million initial public offering of Sprott Physical Platinum and Palladium Trust.

  • Acted for Agnico-Eagle Mines Limited in connection with the establishment of its $150-million letter of credit facility.

  • Acted for Middlefield Limited in connection with the offering of an aggregate of $60 million limited partnership units by MRF 2012 Resource Limited Partnership, a partnership established to invest in a diversified portfolio of flow-through shares and flow-through warrants of Canadian exploration, development and production companies involved primarily in the oil and gas, mining or renewable energy sectors.

  • Acted for a syndicate of agents consisting of TD Securities, Bank of America Merrill Lynch and HSBC Securities in connection with the issuance by Kellogg Canada Inc. of $300 million senior unsecured notes due 2014, fully guaranteed by Kellogg Company.

  • Acted for Agnico-Eagle Mines Limited in connection with its completed private placement of US$100-million 4.87% guaranteed senior unsecured notes due 2022 and US$100-million 5.02% guaranteed senior unsecured notes due 2024.

  • Acted for Stornoway Portfolio Management Inc., a shareholder of Jovian Capital Corporation in connection with shareholders' concerns regarding Jovian's Management Profit Sharing Plan.

  • Acted for a syndicate of underwriters co-led by CIBC World Markets Inc. and Scotia Capital Inc. in a $67.1-million bought deal public offering of trust units of Crombie Real Estate Investment Trust.

  • Acted for noteholders of Specialty Foods Group in connection with the exchange of Exchangeable Subordinated Notes.

  • Acted as Canadian counsel for a syndicate of underwriters led by Bank of America Merrill Lynch in connection with a US$80-million cross-border follow-on public offering of common shares of YM BioSciences Inc.

  • Acted as Canadian counsel to Mercantil Colpatria S.A. and its affiliates in connection with the US$1-billion purchase of 51% of Banco Colpatria Red Multibanca Colpatria S.A. by The Bank of Nova Scotia.

  • Acted for Middlefield Limited in connection with the offering of an aggregate of $60 million limited partnership units by MRF 2011 Resource Limited Partnership, a partnership established to invest in a diversified portfolio of flow-through shares and flow-through warrants of Canadian exploration, development and production companies involved primarily in the oil and gas, mining or renewable energy sectors.

  • Acted for the management of Husky Injection Molding Systems Ltd. in connection with their participation in the acquisition of Husky by Berkshire Partners and OMERS Private Equity for $2.1 billion.

  • Acted for Agnico-Eagle Mines Limited in connection with its amended and restated US$1.2-billion unsecured revolving credit facility that matures June 2016.

  • Acted for Agnico-Eagle Mines Limited in connection to the acquisition of Grayd Resource Corporation by way of takeover bid for $275 million.

  • Acted for Agnico-Eagle Mines Limited in connection with the renewal of its US$500-million base shelf prospectus.

  • Acted for Xplornet Communications Inc. (formerly Barrett Xplore Inc.) in connection with the private offering of $230 million of securities, one of the largest Canadian financing telecom projects to be announced in 2011.

  • Acted for Middlefield Limited in connection with the offering of an aggregate of $50 million limited partnership units by MRF 2010 Resource Limited Partnership, a partnership established to invest in a diversified portfolio of flow-through shares and flow-through warrants of Canadian exploration, development and production companies involved primarily in the oil and gas, mining or renewable energy sectors.

  • Acted for Agnico-Eagle Mines Limited in connection with its US$1.2 billion unsecured revolving credit facilities made available by syndicates of domestic and foreign lenders.

  • Acted for Agnico-Eagle Mines Limited in connection with the renewal of its US$500-million base shelf prospectus.

  • Acted as Canadian counsel to ING Groep N.V. in connection with its EUR 7.5-billion rights issue.

  • Acted for Agnico-Eagle Mines Limited with respect to an amended and restated US$600 million unsecured revolving credit facility (increased from US$300 million) and an amended and restated US$300 million unsecured revolving credit facility.

  • Acted for ING Groep N.V. in the sale of its entire 70% stake in ING Canada Inc. through a public offering and a concurrent private placement of shares of ING Canada for gross proceeds of $2.2 billion.

  • Acted for Agnico-Eagle Mines Limited in connection with its US$34-million prospectus issuance of common shares to Fidelity Management and Research Company.

  • Acted for a syndicate of underwriters co-led by GMP Securities L.P. and TD Securities Inc. in a $210-million bought deal public offering of trust units of CI Financial Income Fund.

  • Acted for Credit Suisse in the establishment of its $2-billion medium term note program.

  • Acted for Agnico-Eagle Mines Limited in connection with the establishment of its $300-million unsecured revolving credit facility.

  • Acted for Lehman Brothers in connection with the US$360-million purchase and resale of senior notes of Calpine Canada Resources Company.

  • Acted for Khan Resources Inc. in its $30-million underwritten public offering of common shares.

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Recognition

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Professional Affiliations

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Board Memberships

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  • Member, Small Business Advisory Committee (SBAC) to the Ontario Securities Commission
  • Past Member, Continuous Disclosure Advisory Committee (CDAC) to the Ontario Securities Commission

Community Involvement

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Teaching Engagements

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Rob is a lecturer on securities law at the Advanced Business Law Workshop at Osgoode Hall Law School.

Speaking Engagements

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Articles and Publications

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Robert Murphy
Robert Murphy
Partner
Office:
Toronto
Tel:
416.863.5537
Email:
rmurphy@dwpv.com
Bar Admissions:

Ontario, 1999

Education:

Queen's University, LL.B., 1996

Queen's University, B.A. (Honours) (Economics), 1987