Jan. 10, 2024 - What is a spurned seller’s recourse when a buyer walks away from a deal in breach of the purchase agreement? In private M&A, the answer is reasonably straightforward: sue the buyer to close the deal or to recover damages. In public M&A, however, the answer is murky at best. The problem arises...
Sixty-One Davies Lawyers Recognized as Leading Finance and M&A Advisers
The 2023 Lexpert Special Edition: Finance and M&A ranks 61 Davies lawyers among the top advisers in Canada.
Our most notable recent work includes advising:
- Shaw Communications Inc. in its C$26-billion acquisition by Rogers Communications Inc., a transformative deal in the Canadian telecommunications industry;
- Agnico Eagle Mines Limited in its merger with Kirkland Lake Gold Ltd. to create a C$30-billion combined company, the gold industry's highest-quality senior producer and third-largest gold company in the world;
- Cominar REIT in its C$5.7-billion sale to Iris Acquisition II LP, an entity created by a consortium led by Canderel Real Estate Property;
- Rogers Communications Inc. in financing its acquisition of Shaw Communications Inc., which was comprised of a C$19-billion syndicated bridge credit facility (the largest single bank financing commitment ever secured in Canada) and permanent financing consisting of US$7.05-billion of senior notes issued across five tranches (the largest-ever U.S. dollar issuance by a Canadian corporate issuer in U.S. market history), C$4.25 billion of senior notes across four tranches (the largest-ever Canadian dollar issuance by a corporate issuer in Canadian market history), a C$6-billion syndicated term credit facility and a C$4-billion syndicated revolving credit facility;
- Underwriters led by RBC Dominion Securities in the Government of Canada’s C$5-billion inaugural green bond offering;
- LKQ Corporation, as Canadian counsel, in its C$2.8-billion acquisition of Uni-Select Inc.;
- Enerflex Ltd. in establishing a US$700-million revolving credit facility, a US$150-million term loan and a US$925-million bridge credit facility for its US$735-million business combination with Exterran Corporation;
- Birch Hill Equity Partners in its joint acquisition (and related financing) with Investissement Québec of Québec-based Polycor Inc.; and
- Logiciels Metrio Inc., a Montréal-based ESG reporting and analytics firm, in its sale to Nasdaq, Inc.
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As the Pandemic Abates, Activists Advance: Shareholder Activism Rebounds in Canada
Oct. 20, 2023 - Canadian shareholder activism continued its post-pandemic resurgence into the first half of 2023. Emerging trends include the “activist swarm,” where multiple—yet uncoordinated—activists converge on a single target with competing demands. Activism has also been on the rise in response to M&A...