Lexpert Special Editions

www.lexpert.ca 29 PayBright is a provider of installment pay- ment plans for e-commerce and in-store pur- chases and has partnerships with Hudson's Bay Company, Steve Madden, eBay, Way- fair, Samsung, Endy and more than 7,000 other national and international retailers. Borden Ladner Gervais LLP (BLG) represented PayBright with the following key lawyers: Manoj Pundit, Ben Keen, Jonas Farovitch and Galen Flaherty. Baker & McKenzie LLP acted as counsel to the acquirer. Norton Rose Fulbright Canada LLP acted as counsel to the acquirer with a team that was led by Elana Hahn, and which included Eric Reither, Tim Stewart, Olga Lenova, Shreya Gupta,and Petra Vrtkova. LIGHTSPEED POS INC. ACQUIRES UPSERVE INC. FOR US$430 MILLION CLOSING DATE: DEC. 1, 2020 On Dec. 1, 2020, Lightspeed POS Inc. (Lightspeed) acquired Upserve Inc. (Upserve), from Vista Equity Partners, for US$430 million. e union of the two companies' teams and technology will provide independent restaurants in the U.S., from fine-dine to multi-location fast-casual, one of the most competitive hospitality plat- forms on the market and enable the industry to more easily navigate the new dining needs made permanent by the COVID-19 pandemic. Upserve is a leading restaurant manage- ment cloud-soware company based in Providence, Rhode Island. Upserve became a portfolio company of Vista Equity Part- ners aer Vista Foundation Fund III made an investment in Upserve in July 2017. Vista Equity Partners is an investment firm focused on financing and forwarding soware, data and technology-enabled startup businesses, headquartered in Austin, Texas. Lightspeed is a leading provider of cloud- based, omnichannel commerce platforms based in Montreal. McCarthy Tétrault LLP advised Vista Equity Partners with a team led by Shevaun McGrath, Heidi Gordon, and which included Patrick Boucher. Kirkland & Ellis LLP acted as co-counsel. Morgan, Lewis & Bockius acted as opposing counsel. VANTAGE DATA CENTERS ACQUIRES HYPERTEC ANNOUNCEMENT DATE: NOV. 20, 2020 On Nov. 20, Vantage Data Centers ("Vantage") announced its acquisition of the hyperscale data center business from Hypertec in Montreal. Hypertec is a global technology provider that offers a wide range of cutting-edge infrastructure technology products and services. Its 49MW campus includes 25MW across two existing facili- ties and 24MW of expansion capacity, and it expands Vantage's total footprint in the Province of Quebec to 81MW of IT capacity across three campuses. Vantage powers, cools, protects and connects the technology of the world's well-known hyperscalers, cloud providers and large enterprises. Developing and operating across six markets in North America and six markets in Europe, Vantage has evolved data centre design in innovative ways to deliver dramatic gains in reliability, efficiency and sustaina- bility in flexible environments that can scale as quickly as the market demands. Shalini Sharma and Carol Harper acted as in-house counsel for Vantage. Miller omson LLP advised Vantage with respect to this transaction with a team led by Y. Ken Chun (corporate/M&A), and which included, among others, Jay Sernoskie, Michael Caruso, Grégory Morin-Maltais, Erin Elias, Carol Bai (corporate/M&A), Chantal Joubert (real estate), Gary Rosen, Audrey Boiteau (labour and employment), Kim Ozubko (pensions and benefits), Alexandre Ajami, Tai Nahm (intellectual property/information technology), Eric Dufour, Reema Mahbubani (competition), Adina Georgescu, Alexandre Macbeth (municipal tax), Andrew Etcovitch, Marie- Hélène Tremblay (tax), Francis Trifiro, Kevin Plowman, Jean-Charles Panzini (financial services), Ellen Kim and Kayla Sommerville (articling students). BCF Business Law acted for Hypertec in the sale of its data centre and colocation services operations to Vantage Data Centers with a team led by Gino Martel (M&A), Sabrina Brosseau-Malo (M&A), Alex ivierge Côté (M&A), Marc-André Godard (tax) and Sébastien Savage (real estate). Davies Ward Phillips & Vineberg LLP advised Hypertec as tax counsel with a team that included John Lennard. NASDAQ ENTERS DEFINITIVE AGREEMENT TO ACQUIRE VERAFIN CLOSING DATE: NOV. 19, 2020 On Nov. 19, Nasdaq and Verafin announced they have entered into a definitive agreement through which Nasdaq will acquire Verafin for US$2.75 billion. e acquisition will combine Verafin's anti-financial crime management products with Nasdaq's reach and regulatory leadership to create a global SaaS leader in the fight against financial crime. e transaction will strengthen Nasdaq's existing technology and anti-financial crime solutions and will make Verafin's solutions available to a global network to detect market manipulation and abuse. Nasdaq's investment in Verafin will strengthen and expand its position as an economic and technology leader while main- taining its base in St. John's, NL. Verafin is one of Canada's largest tech- nology companies and focuses on enter- prise financial crime management solutions.

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