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CCCA_V3No4_Col-DealDevelop-FIN.qxd:CCCA_V1No2_Col-News-V1.qxd 11/23/09 9:56 PM Page 40 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. Clean Harbors, Inc. Details: Clean Harbors, Inc., a provider of environmental and hazardous waste management services throughout North America, acquired Eveready Inc., a company that provides industrial maintenance and production, lodging and exploration services to the oil and gas, chemical, pulp and paper, manufacturing and power generation industries. Clean Harbors acquired 100 per cent of Eveready’s outstanding common shares by way of plan of arrangement in exchange for $56-million (U.S.) in cash, $118-million in Clean Harbors’ common stock and the assumption of approximately $235-million of Eveready debt. Date: Closed July 31, 2009. On the Deal: For Clean Harbors: Bryce Kraeker and David Petras (corporate/securities), William Vanveen (competition), Henry Brown (Investment Canada), Tina Antony and Emeryll Gumapas (corporate), Geoffrey Holub (litigation) and Olivia Colic (real estate), Gowling Lafleur Henderson LLP. For Eveready: Joe Brennan, Adam Rock and Glenn Warkentin, Shea Nerland Calnan LLP. Golden Gate Private Equity, Inc. Details: Everest Holdings, LLC, a Delaware limited liability company controlled by investment funds managed by Golden Gate Private Equity, Inc. (“Golden Gate”), completed its direct and indirect acquisition of substantially all of the assets of the specialty cloth- ing retailer Eddie Bauer Holdings Inc. (“Eddie Bauer”). The Canadian business was acquired by Eddie Bauer of Canada Corporation. In June 2009, Eddie Bauer and certain of its U.S. and Canadian subsidiaries commenced voluntary bankruptcy pro- ceedings under Chapter 11 of the United States Bankruptcy Code (the “Bankruptcy Code”) and the Companies’ Creditors Arrangement Act (“CCAA”). Golden Gate acquired Eddie Bauer for $286-million (U.S.) and assumption of certain of Eddie Bauer’s liabilities pursuant to and following a court-monitored and approved sale process and auction conducted in connection with the proceedings under the Bankruptcy Code and the CCAA. ISTOCKPHOTO 40 CCCA Canadian Corporate Counsel Association WINTER 2009
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