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CCCA_V3No3_Col-DealDevelop-FIN.qxd:CCCA_V1No2_Col-News-V1.qxd 9/16/09 10:24 AM Page 43 H ere are the highlights of some of the many mergers, acquisitions, financings and other deals taking place in corporate Canada over the last few months. Each of the entries below has been provided by a Canadian law firm involved in each deal. Breakwater Resources Ltd. Details: Breakwater Resources Ltd., a mining exploration and development company, closed a public offering of units by way of short form prospectus in all Canadian provinces for gross proceeds of $20 million. Breakwater completed the sale of an additional 30,000,000 units to the underwriters on the same terms, following exercise of the underwriters’ over-allotment option, bringing the gross proceeds of the offering to $23 million. The offering was co-led by Cormark Securities Inc. and Dundee Securities Corporation with a syndicate of underwriters including GMP Securities L.P., Scotia Capital Inc., TD Securities Inc., Canaccord Capital Corporation, Octagon Capital Corporation and Toll Cross Securities Inc. Dundee Corporation purchased 57,960,000 units under the offering to maintain its approximate 25.2% equity interest in Breakwater. Date: Closed April 9, 2009; additional sale closed April 16, 2009. On the Deal: For Breakwater Resources Ltd.: Paul Fornazzari, D’Arcy Doherty, Kate Lioubar and Alex Lalka (securities), and Gloria Geddes (tax), Gowling Lafleur Henderson LLP. For the underwriters: Philippe Tardif, Dolores Di Felice and Paul Simon, Borden Ladner Gervais LLP. For Dundee Corporation: Cathy Singer and Dawn Whittaker, Ogilvy Renault LLP. Loblaw Companies Limited Details: Loblaw Companies Limited (“Loblaw”) established a Medium Term Note Program providing for the issuance of up to $775,000,000 principal amount of Medium Term Notes, Series 2. The Medium Term Note Program was established pursuant to a prospectus supplement to an existing $1-billion shelf prospectus for unsecured debentures and second preferred shares that Loblaw implemented in 2008. Loblaw completed an issuance of $350,000,000 principal amount of Medium Term Notes, Series 2- A under the new program on May 8, 2009. The Medium Term Notes, Series 2-A were placed by a syndicate of agent dealers co- led by CIBC World Markets Inc. and RBC Dominion Securities Inc., and included BMO Nesbitt Burns Inc., Merrill Lynch Canada Inc., National Bank Financial Inc., Scotia Capital Inc. and TD Securities Inc. ISTOCKPHOTO AUTOMNE 2009 CCCA Canadian Corporate Counsel Association 43