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CCCA_V3No4_Col-DealDevelop-FIN.qxd:CCCA_V1No2_Col-News-V1.qxd 11/23/09 9:57 PM Page 42 AND Romarco Minerals Inc. (con’d) Details (con’d): Gold Mine. The syndicate of underwriters was led by Paradigm Capital Inc. and included GMP Securities L.P., Macquarie Capital Markets Canada Ltd. and Wellington West Capital Markets Inc. Date: Closed August 13, 2009. On the Deal: For the underwriters: Sander Grieve, Linda Misetich and Melissa Ghislanzoni, Fraser Milner Casgrain LLP. For Romarco Minerals Inc.: Jay Kellerman, Alethea Au, Andrew Bozzato and Colin Yao, Stikeman Elliott LLP. Export Development Canada Details: Export Development Canada announced that it is joining with Brookfield Asset Management Inc. (TSX: BAM), Canadian Imperial Bank of Commerce (TSX: CM-T) and Sun Life Financial Inc. (TSX: SLF-T) to launch a $1-billion fund. The fund will provide debtor-in- possession (DIP) financing, which are loans that assist bankrupt companies that are seeking to restructure during their restructur- ings. The fund will look at deals that require at least $20-million of financing. Export Development Canada will contribute $450-mil- lion and has indicated that if the fund increases in size, it may put up as much as $1-billion. Brookfield will contribute at least $100- million and act as manager. CIBC and Sun Life Financial will also invest. Date: Announced August 19, 2009. On the Deal: For Export Development Canada: Lorne Segal, Gowling Lafleur Henderson LLP. For CIBC: Joel Scoler, McCarthy Tétrault LLP. For Brookfield: Rose Bailey, Tony DeMarinis and Peter Ballantyne, Torys LLP. Research In Motion Limited Details: Research In Motion Limited (“RIM”) acquired Torch Mobile Inc. in a share purchase. The acquisition of Torch Mobile Inc. brings to RIM the expertise of the Torch Mobile Inc. team in the area of WebKit-based mobile browsing platforms. Torch Mobile Inc. is a developer of open source software and this deal was RIM’s first acquisition where the technology was primarily open source. Date: Closed August 21, 2009. On the Deal: For RIM: Cheryl Slusarchuk, Troy Lehman, Kaaren Vlug, Vincent Yip, and Natasha Allen, McCarthy Tétrault LLP. For Torch Mobile Inc.: Peter Bouzalas, Daniel Bourque and Jayne Westlake, Cassels Brock & Blackwell LLP. Clairvest Details: Clairvest Equity Partners III Limited Partnership and CEP III Co-Investment Limited Partnership (collectively “Clairvest”) acquired from Celerity Partners SBIC, L.P. (“Celerity”) its 20,538,470 common shares in the capital of Peer 1 Network Enterprises, Inc. (“Peer 1”), representing 17.2 per cent of the issued and outstanding common shares of Peer 1 for a consideration of $23,360,000 (U.S.). Clairvest has also entered into an agreement with certain other shareholders of PEER 1 (the “Shareholders”). The parties to such shareholders agreement collectively own or control 77,431,606 common shares in the capital of Peer 1, rep- resenting 64.9 per cent of the issued and outstanding common shares of Peer 1. Date: Closed August 24, 2009. On the Deal: For Clairvest: In-house by Heather G. Crawford, General Counsel; Sidney Horn, Pierre-Yves Leduc and Andrée-Anne Arbour-Boucher (corporate/securities), and Frank Mathieu (tax), Stikeman Elliott LLP. For Celerity: Tim McCafferty and Brian E. Vick, McCarthy Tétrault LLP. For the shareholders: Nigel Cave, Borden Ladner Gervais LLP. Cascades Inc. Details: Cascades Inc. (TSX: CAS), a leader in recovery and in green packaging and tissue paper products, through its wholly owned subsidiary, Cascades Canada Inc., completed the acquisition of the tissue division of Atlantic Packaging Products Ltd. The esti- mated value of the transaction is approximately $60-million. This acquisition will enable Cascades to increase its annual produc- tion capacity by 55,000 short tons of recycled paper and its converting capacity by approximately 70,000 short tons, adding close to $100-million in sales per year. Date: Closed August 28, 2009. On the Deal: For Cascades Inc.: In-house by Robert F. Hall, Catherine Papineau and Jérôme Nadeau; Charles R. Spector (corpo- rate/commercial and securities), Neil Katz, Philipp Park, Seon Kang and Ted Shoub (corporate/commercial), Paul Shantz (real estate/environmental), Ron Goldenberg (real estate), Charles Rich (financial services), Wendy Brousseau and Zahra Nurmohamed (tax), Kristin Taylor (employment and labour), and Barbara Grossman (litigation and dispute Resolution), Fraser Milner Casgrain LLP; Richard Epstein (competition), Brouillette Charpentier Fortin LLP. For Atlantic Packaging Products Ltd.: David R. McCarthy, Adam J. Kline, Andrew Bozzato and Muneeb Yusuf (corpo- rate/commercial), Mario Paura and Andy Gibbons (real estate), Debbie Salzberger (competition), Alan Kenigsberg and Marc- André Wilson (tax), Lorna Cuthbert (employment), Larry Cobb (environmental), and Jennifer Legge, Jill Lankin and Amanda Willett (banking), Stikeman Elliott LLP. 42 CCCA Canadian Corporate Counsel Association WINTER 2009