10 LEXPERT MAGAZINE
|
JANUARY 2019
BIG DEALS CORPORATE TRANSACTIONS OF IMPORTANCE
cility for working capital purposes.
KML's in-house legal team led the trans-
action and was comprised of Curt Moffatt,
Eric McCord, Adam Forman, Angela Teer,
Melanie Blair and Nathan Zaseybida. KML
was represented by Blake, Cassels & Gray-
don LLP with a team that included Mungo
Hardwicke-Brown, Keith Byblow, Kevin
Kerr, Todd McCrae, Ky Kvisle, Ian Clarke
and Kyle Taylor (Energy and M&A), Chad
Schneider, Noralee Bradley, Olga Kary and
Kathleen Cloutier (Securities), Michael
McIntosh, Andrew Kolody, Nick Tropak,
James Desjardins and Simon Lidster (Bank-
ing and Finance), Carrie Aiken and Dan
Jankovic (Tax), Sam Adkins and Terri-Lee
Oleniuk (First Nations and Regulatory),
Julie Soloway and Fraser Malcolm (Com-
petition), Alexis Levine (Public Law), Paul
Blyschak (Investor Protection), Birch Mil-
ler and de Lobe Lederman (Employment)
and Sean Maxwell (Pensions).
KML was also represented by Weil, Got-
shal & Manges LLP with respect to US
regulatory matters by a team that included
Michael Aiello, Adé Heyliger, Vadim M.
Brusser, Ted Posner, Andrea Ryken, Elisa-
beth McMorris and Greg Chaufen.
Borden Ladner Gervais LLP advised the
Government of Canada and Trans Moun-
tain Corp., with a team that included Kent
Howie, Peter Bryan, Miles Pittman, Xiaodi
Jin, Ravi Latour, Scott Robson, Josh Wein-
berger, Stefan Timms, Jeff Taylor and Ste-
ven Bodi (Energy & M&A), Melinda Park
and Alfred Page (Securities), Bruce Fowler,
Dan Sears, Donald Bird, Shauna Crothers,
Elly Seddon, Chapmann Wong and Evita
Ferreira (Banking and Finance), Lindsay
Holmes, Steve Suarez and Kim Maguire
(Tax), Alan Ross, David Camp, Chidinma
ompson, Bradon Willms and Ramsey
Glass (First Nations and Regulatory), Bill
Woodhead (Construction), Davit Akman
and Denes Rothschild (Competition), and
Laurie Robson and Andrew Harrison (Em-
ployment and Pensions).
Sidley Austin LLP served as US Coun-
sel for Canada Development Investment
Corp. (CDEV), including work on CFIUS,
HSR and other US regulatory matters.
e team included Dave Asmus, Jim Rice
and James Porter (Energy & M&A), Jim
Mendenhall (CFIUS), Jim Wedeking (En-
vironmental), Karen Kazmerzak (Anti-
trust/Competition), Andrew Shoyer
and Pavan Krishnamurthy (International
Trade), Tom Kim (Capital Markets), Bill
Williams, Emily Mallen, John Hebden and
Greg Kusel (Energy Regulation), Laura
Barzilai (Tax), Marc Korman (FCC), Mary
Niehaus (Employee Benefits and Executive
Compensation) and Kate Roberts (Labor,
Employment and Immigration).
Torys LLP also advised CDEV and
Trans Mountain Corp. with respect to cer-
tain corporate governance, structuring and
financing matters related to the transaction
with a team that included omas Yeo,
Aaron Emes, Matthew Lui and Robert Fatt
(Corporate), Amanda Balasubramanian,
Nina Mansoori and Hongyi Geng (Banking
and Finance) and Jerald Wortsman (Tax).
Torys LLP advised RBC and TD in
connection with the KML credit facilities
with a team that included Kevin Fougere,
David Kolesar and Tyrel Henderson.
Consumer Services Energy & Power Pipelines
Aerospace & Defence Automotive Materials
Utilities Financials Health Research
Media & Entertainment Recreation & Leisure Advertising & Marketing
E-Commerce Construction & Engineering
Consumer Staples
INNERGEX ACQUIRES 62%
INTEREST IN FIVE WIND FARMS
FROM TRANSCANADA FOR $620M
CLOSING DATE: OCTOBER 24, 2018
On October 24, 2018, Innergex Renewable
Energy Inc. completed the acquisition of
the 62% undivided co-ownership partici-
pation of TransCanada Corporation in five
wind energy farms in Quebec ("Cartier
Wind Farms"), as well as TransCanada's
50% interest in the operating entities of
the Cartier Wind Farms, for approximately
$620 million. Innergex already owned the
remaining interests in the Cartier Wind
Farms and its operating entities. e trans-
action will increase Innergex's net capacity
by 366MW.
In connection with the acquisition, In-
nergex has obtained two short-term credit
facilities of $400 million and $228 million
to cover the purchase price and transaction
costs in its entirety.
Innergex is a global renewable energy
company that develops, acquires, owns and
operates run-of-river hydroelectric facili-
ties, wind farms, solar photovoltaic farms
and geothermal power generation plants.
TransCanada is a leading developer and
operator of North American energ y infra-
structure including natural gas and liquids
pipelines, power generation and gas stor-
age facilities.
Innergex was represented by an in-house
legal team led by Nathalie éberge, Vice
President - Corporate Legal Affairs and
Secretary, and that included Anabela Sou-
sa, senior paralegal and by McCarthy
Tétrault LLP with a team that included
Marc Dorion, Philippe Fortier, Hadrien
Montagne and Isabelle Nazon (Corporate),
Richard O'Doherty and François Dupuis
(Financial Services) and Danielle Drolet
and Danielle Gagnon (Real Estate).
TransCanada was led in-house by Vic-
toria Marselle, Director Commercial &
Regulatory Law, Energy, and Kara Levis,
Senior Legal Counsel, Energy Law.
TransCanada was also advised by Stike-
man Elliott LLP with a team that included
Sean Vanderpol and Michael Decicco (Cor-
porate) and Bertrand Ménard and Stéphan-
ie Bernier (Real Estate); and by Blake, Cas-
sels & Graydon LLP as tax advisors with
a team that included Robert Kopstein and
Dan Jankovic (Tax) and Trevor Rowles and
Sharagim Habibi (Corporate).
Consumer Services Energy & Power Pipelines
Aerospace & Defence Automotive Materials
Utilities Financials Health Research
Media & Entertainment Recreation & Leisure Advertising & Marketing
E-Commerce Construction & Engineering
Consumer Staples
ATCO ACQUIRES 40% INTEREST
IN NELTUME PORTS S.A.
CLOSING DATE: SEPTEMBER 12, 2018
On September 12, 2018, ATCO complet-
ed its acquisition of 40 per cent of Neltume
Ports, a leading port operator and develop-
er in South America, for approximately
$450 million. Neltume Ports, a subsidiary
of Ultramar, operates in 16 port facilities
and three stevedoring businesses primarily
located in Chile and Uruguay.
ATCO will fund its investment in Nel-
tume Ports with a combination of cash
on-hand and funds from committed cred-
it facilities, and later refinance a portion
through a capital markets transaction.
ATCO will acquire a 40-per-cent interest
in Neltume Ports through the issuance of
new shares from Neltume Ports. Funds
