Lexpert Magazine

June 2018

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

Issue link: https://digital.carswellmedia.com/i/990152

Contents of this Issue

Navigation

Page 23 of 75

24 LEXPERT MAGAZINE | JUNE 2018 BIG REAL ESTATE A LOOK AT THE $382-MILLION PURCHASE BY SIENNA SENIOR LIVING OF TEN RETIREMENT RESIDENCES IN ONTARIO; THE SALE BY ONTARIO POWER GENERATION OF THE LAKEVIEW LANDS, WHICH WAS THE FORMER SITE OF A COAL-FIRED GENERATING STATION; AND THE SALE BY IVANHOE CAMBRIDGE OF ITS 50-PER-CENT STAKE IN FAIRVIEW MALL IN TORONTO SIENNA SENIOR LIVING COMPLETES ACQUISITION OF 10 ONTARIO RETIREMENT RESIDENCES CLOSING DATE: MARCH 28, 2018 Sienna Senior Living Inc. (Sienna) (TSX:SIA) completed the acquisition of ten high-quality private-pay independent sup- portive living and assisted living retirement residences in Ontario for an aggregate pur- chase price of approximately $382 million. e acquired properties consisted of 1,245 private-pay suites located in the Greater To- ronto and Greater Ottawa areas. e acquisition and related transaction costs were financed through a combination of: (i) the assumption and up financing of approximately $88.2 million in property- level debt at a weighted average interest rate of 3.87 per cent and a weighted average term to maturity of 6.2 years; (ii) a $115 million acquisition term loan facility that Sienna ex- pects to refinance post-closing; (iii) net pro- ceeds of Sienna's recent bought deal offering which raised gross proceeds of approximately $184 million [see below for further details]; and (iv) draws on the Company's existing credit facilities. On February 22, 2018, Sienna completed the issuance of 9,066,000 common shares at a price of $17.65 per common share, on a bought deal basis for gross proceeds of $160,014,900. e syndicate of underwriters was led by TD Securities, as sole bookrunner, and BMO Capital Markets, as co-lead under- writer, and included CIBC World Markets Inc., RBC Dominion Securities Inc., Scotia Capital Inc. Canaccord Genuity Corp., Na- tional Bank Financial Inc., Raymond James Ltd., Echelon Wealth Partners Inc. and In- dustrial Alliance Securities Inc. e underwriters exer- cised their over-allotment option in full, resulting in the issuance of 1,359,900 common shares for gross proceeds of $24,002,235. e aggregate gross pro- ceeds raised pursuant to the offering, includ- ing the exercise of the over-allotment option, was $184,017,135. Sienna is a leading seniors' living provider with 85 seniors' residences in key markets in Canada. Sienna offers a full range of seniors' living options, including independent and assisted living, long-term and residential care, and specialized programs and services. Sienna also provides expert management services. Sienna was represented in-house with re- spect to the acquisition and offering by Hel- len Siwanowicz, Legal Counsel. With respect to the acquisition, Sienna was represented by Goodmans LLP. e team from Goodmans was led by Michelle Roth and included Bill Gorman, Money Khoromi and Jennifer Ehrlich (corporate), David Nadler and Karen Vadasz (bank- ing), Ira Barkin and Tyler D'Angelo (real estate), Michael Royal (tax) and Richard Annan (competition). e Sellers were represented by Torys LLP. e team from Torys included Simon Knowling, Graham Rawlinson, Nooreen Bhanji, Richard Missaghie (real estate/cor- porate), Molly Reynolds (privacy), Omar Wakil (competition), Kevin Tuohy (intel- lectual property) and Mitch Frazer and Tom Stevenson (employment). With respect to the offering, Sienna was represented by Goodmans LLP with a team led by Bill Gorman and including Michelle Roth, Money Khoromi (corporate/securi- ties) and Michael Royal (tax); and in the United States by Dorsey & Whitney LLP with a team that included Richard Raymer and Sudeep Simkhada (securities). e underwriters were represented by Blake, Cassels & Graydon LLP. e team from Blakes was composed of William Fung, Matthew Merkley and Chris Barker (cor- porate/securities) and Paul Stepak and Ian Caines (tax). ONTARIO POWER GENERATION COMPLETES SALE OF LAKEVIEW LANDS CLOSING DATE: MARCH 20, 2018 Ontario Power Generation (OPG) complet- ed the sale of its 177-acre former coal-fired Lakeview Generating Station site in Missis- sauga to Lakeview Community Partners Ltd. e former coal-fired power plant site is one of the of the largest undeveloped water- front properties in the Greater Toronto and Hamilton Area. e Lakeview site is the fourth former OPG coal plant site to transition to a new, en- vironmentally friendly use. (Others include a new solar farm in development at Nanticoke and conversions to renewable biomass fuel at under Bay and Atikokan.) e Lakeview site will be transformed to a mixed-use community with parkland. e Lakeview lands were sold for approxi- mately $275 million and the conditions of sale include a requirement that 67 acres of waterfront land will be remediated and transferred to the City of Mississauga. e net proceeds from the sale of Lakev- iew lands will be transferred to Ontario's Trillium Trust to fund transit, transporta- tion and other key infrastructure projects across the province. Lakeview Community Partners Ltd. is a consortium of developers. e consortium includes Argo Development Corp., TACC Construction Ltd., Branthaven Homes, Greenpark Group and CCI Development Group of Cos. OPG was represented by Alison Folosea, Counsel, and Samantha Piane, Counsel, Law Division. OPG's advi- sor, Infrastructure Ontario, was represented by Daniel Horowitz, Director, Legal

Articles in this issue

Links on this page

Archives of this issue

view archives of Lexpert Magazine - June 2018