Page 44 - CCCA62_2010

CCCA_V4No2_Col-DealDevelop-FIN.qxd:CCCA_V1No2_Col-News-V1.qxd 4/29/10 3:40 PM Page 44 AND Lowe’s Companies Canada, ULC (con’d) On the Deal: For Lowe’s: In-house counsel James W. Potter, Vice President-Associate General Counsel & Assistant Secretary; Mario Paura, John Dow, Andrew Elliott and Savvas Kotsopoulos, Stikeman Elliott LLP. For Wal-Mart: In-house counsel Laurie Crocker and Peter Prattas; Gregory Howard, Steven Martin and Matthew Singerman, Davies Ward Phillips & Vineberg LLP; John Pandell and David Willer, WeirFoulds LLP. For the landlords of the Pickering and Vaughan locations and the owner of certain lands surrounding the London property: SmartCentres’ in-house counsel Joseph Amato, Doris Maida and Jeff Winick. Groupe Aeroplan Inc. Details: Groupe Aeroplan Inc. completed a public offering of $200,000,000 aggregate principal amount of 6.95 per cent Senior Secured Notes, Series 3 maturing on January 26, 2017. The offering was made pursuant to a supple- ment to an amended and restated short form base shelf prospectus of Groupe Aeroplan Inc. dated March 26, 2009, which was filed with the securities regulatory authorities in all provinces and territories of Canada. The proceeds of this offering were used to repay a portion of the amount outstanding under Groupe Aeroplan Inc.’s credit facil- ity. The offering was underwritten by a syndicate of underwriters led by CIBC, RBC Dominion Securities Inc. and TD Securities Inc., and included BMO Nesbitt Burns Inc., National Bank Financial Inc., Scotia Capital Inc., Dundee Securities Corporation, HSBC Securities (Canada) Inc. and Merrill Lynch Canada Inc. Date: Closed Jan. 26, 2010. Mark Hounsell, Groupe Aeroplan Inc. On the Deal: For Groupe Aeroplan Inc.: In-house by Mark Hounsell, Senior Vice President, General Counsel and Corporate Secretary; Jean Marc Huot, David Massé, Vanessa Coiteux, Marie-Ève Ferland and Amy Chao (corpo- rate/securities), Craig Mitchell and Jill Lankin (banking), and Marie-Andrée Beaudry and Frank Mathieu (tax), Stikeman Elliott LLP. For the underwriters: Peter Villani, Catherine Isabelle and Jean-François Séguin (corporate/securities), Marc Novello and Martin Racicot (banking), and Gilles Carli (tax), Fasken Martineau DuMoulin LLP. Bluewave Energy Details: Parkland Income Fund acquired Bluewave Energy for $231-million from Birch Hill Equity Partners, Bluewave executives and employees, and a group of founding investors. Date: Closed Feb. 1, 2010. On the Deal: For Birch Hill: In-house counsel Lori Evans. For Birch Hill and Bluewave: Lawrence Chernin, John Connon, Brad Ross and Ryan Done (corporate), Andrea Fellows and Avi Sugar (real estate), Richard Annan (competition), Michael Bertrand (banking) and Tom Macdonald (environmental), Goodmans LLP. For Bluewave’s management and founding investors: Gregory Harris and Derek Yu (corporate), Harris & Harris LLP. For Parkland: Chris Skelton, David Spencer, Matthew Lawson, Jeremy Russell and Drew Broughton (corpo- Lori Evans, Birch Hill rate/securities), Beth Riley (competition), Murray Coleman (banking) and Greg Johnson (tax), Bennett Jones LLP. Arctic Glacier Income Fund Details: Arctic Glacier Income Fund closed a $185-million (U.S.) second lien fixed-term secured loan with certain subordinated lenders and a $70-million amendment and restatement of its existing revolving term credit facilities with The Toronto-Dominion Bank, The Bank of Nova Scotia and Roynat Inc. Date: Closed Feb. 11, 2010. On the Deal: For Arctic Glacier: Hugh Adams, Dale Melanson, Maria Reimer, Robert Fleischaker and Justin Zarnowski, Aikins, MacAulay & Thorvaldson LLP. For the subordinated lenders: Amanda Balasubramanian, Adam Delean, Nadine Rockman Katz, Amanda Kieswetter, Darien Leung, Ash Nicol, Craig Pell and Gavin Scotti, Torys LLP. For the syndicate of lenders: David Wiseman, Jay Feldman, Susan Zimmerman, Elisabeth Cleghorn and Jonathan Freeman, Goodmans LLP. Royal Gold, Inc. Details: Royal Gold, Inc. (“Royal Gold”) completed its acquisition of all of the outstanding common shares of International Royalty Corporation (“IRC”) for a combination of cash and share consideration valued at approximately $700-million. Franco-Nevada Corporation (“Franco-Nevada”) had commenced an unsolicited offer on Dec. 14, 2009, to purchase all of the outstanding com- mon shares of IRC for $6.75 per share in cash. After Franco-Nevada’s offer, Royal Gold and its wholly owned subsidiary (“Canco”) entered into an arrangement agreement with IRC on Dec. 17, 2009, pursuant to which Royal Gold agreed to acquire, by way of a court-approved plan of arrangement (the “Arrangement”), all of the outstanding common shares of IRC. Royal Gold also entered 44 CCCA Canadian Corporate Counsel Association SUMMER 2010