Clients rely on Kevin to develop creative and practical solutions for their complex corporate matters.
Buyers and sellers turn to Kevin for insightful advice on both public and private mergers and acquisitions. He also acts for issuers and underwriters in public securities offerings and private placements, both domestic and cross-border, and advises clients in proxy contests and other contested transactions. Clients of all sizes, across a broad spectrum of sectors – including private equity, telecommunications, mining, investment management and industrial – value Kevin’s responsiveness and thoughtful manner. They regularly consult him for guidance on corporate governance and securities law matters.
Kevin co-teaches the Advanced Corporate Law course at Queen’s University’s Faculty of Law and is a Leadership Co-chair of Davies’ Toronto United Way Committee.
Xplornet Communications Inc.
Acted for Xplornet Communications Inc. in connection with its U.S. and Canadian private placement of US$230 million in high yield notes, its US$75 million incremental secured term loan, its repurchase and redemption of existing high yield notes and its associated consent solicitation.
Iron Mountain Incorporated
Acted for Iron Mountain Incorporated (IRM) in connection with the divestiture of certain records and information management assets in the United States and Canada to Arkive, Inc., a portfolio company of the U.S.-based private equity firm, Summit Park Partners. The U.S. Department of Justice and Canadian Competition Bureau required these assets to be divested following IRM's US$2-billion acquisition of Recall Holdings Ltd.
Acted for MB Aerospace, a portfolio company of funds managed by Blackstone, in connection with its acquisition of Vac Aero Kalisz (Poland) from Vac Aero International.
Barrick Gold Corporation
Acted for Barrick Gold Corporation in connection with an earn-in agreement with Alicanto Minerals of Australia. Under the terms of the Earn-In, Barrick will be able to earn a 65% interest in the Arakaka project in northwest Guyana by meeting total funding requirements of US$10 million over 4 years.
Xplornet Communications Inc.
Acted for Xplornet Communications Inc. in connection with its private placement of an aggregate of over $100 million of securities consisting of $51 million of two series of unsecured high yield notes and $53 million of a new class of non-voting, convertible, redeemable preferred shares.
WIND Mobile Corp. and its shareholders
Acted for WIND Mobile Corp. (WIND) and its shareholders, including West Face Capital, in connection with the sale of WIND to Shaw Communications Inc. for approximately $1.6 billion.
Bentall Kennedy (Canada) Limited Partner
Acted for the Bentall Kennedy Group, a premier real estate investment management firm operating in Canada and the United States, in its acquisition by Sun Life Financial Inc. for a purchase price of $560 million.
Alfa S.A.B. de C.V.
Acted for Alfa S.A.B. de C.V. in connection with its proposed acquisition, with Harbour Energy Ltd., of all of the outstanding common shares of Pacific Rubiales Energy Corp. for an all-cash purchase price of approximately $1.7 billion, plus the assumption of approximately $5 billion in debt. The acquisition was structured as a plan of arrangement under the Business Corporations Act (British Columbia).
West Face Capital Inc.
Acted for West Face Capital Inc. in its acquisition, together with a consortium of investors including Globalive Capital, Tennenbaum Capital Partners and LG Capital Investors, of the interests of VimpelCom Ltd. in Globalive Wireless Management Corp. (doing business as WIND Mobile).
United Technologies Corporation
Acted for United Technologies Corporation in connection with its sale of fuel cell intellectual property assets to Ballard Power Systems.
WIND Mobile Enters into Agreement to Be Acquired by Shaw Communications
Dec. 17, 2015 - Davies is acting for WIND Mobile Corp. (WIND) and its shareholders including West Face Capital in connection with Shaw Communications Inc. ’s acquisition, by plan of arrangement, of a 100% interest in Mid-Bowline Group Corp. and its wholly owned subsidiary, WIND, for an enterprise value of...
TSX Announces Proposed Changes to Rules on Acquisitions and Reverse Takeovers
Nov. 29, 2013 - The Toronto Stock Exchange (TSX) has announced proposed changes to the TSX Company Manual (the Manual) to allow for the adoption of certain security-based compensation arrangements in connection with acquisitions without obtaining security holder approval, and to clarify the circumstances in which...