Transactions
Kain Lawyers are Transaction Specialists, advising in private and public M&A, equity capital markets, debt capital markets, capital structuring and transaction disputes.
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Advised AI SaaS business elmTEK on its merger with Consilium Technology backed by private equity fund Pemba Capital Partners. The merger will provide the scale and capability to deliver on large defence and space programs along with agriculture, mining, logistics, energy and infrastructure.

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Advised AI SaaS business Consilium Technology on its merger with elmTEK backed by private equity fund Pemba Capital Partners. The merger will provide the scale and capability to deliver on large defence and space programs along with agriculture, mining, logistics, energy and infrastructure.

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Client: Silk Laser Clinics (ASX: SLA)
Transaction Type: Equity Capital Markets
Led By:
James Burchnall
Advised Silk Laser Clinics (ASX: SLA) in connection with its capital raise to acquire Beauty Services Holdings $52m.

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Advised ADM Capital Europe LLP's Cibus Funds II on its majority acquisition of Withcott Seedlings. The investment was Cibus Fund II's first major investment to date, enhancing the application of technology and robotics to improve production efficiency.

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Our client, a private equity backed agricultural company, terminated a supply and marketing agreement following their investment in an agricultural company. The other party claimed that the termination was in breach of contract and claimed damages for loss of profits. We engaged in mediation and negotiated outcome permitted the client to pursue their preferred strategy for the agricultural company without being drawn into litigation and at a lower cost than remaining in the terminated contract.

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Client: Conscious Investment Management
Transaction Type: Debt Capital Markets
Advised leading global investment manager Conscious Investment Management on its social housing lending facility. Deal value Undisclosed.

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Client: Yajillara Investment Fund
Transaction Type: Debt Capital Markets
Advised Yajillara (a Melbourne based investment fund) on a structured debt financing investment into disability support housing across Australia. Value $48m.

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Advised the owners of Adore Beauty, an online beauty retailer, on its multiple capital raisings, including a 60% business sale to Quadrant Private Equity. Value undisclosed.

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Client: Kelsian Group (ASX: KLS) formerly SeaLink Travel Group.
Transaction Type: Equity Capital Markets
Advised Kelsian Group (formerly SeaLink) (ASX: KLA) on its capital raise by way of a fully-underwritten institutional placement and entitlement offer to acquire Transit Systems Group in a deal acquisition value of $694m. Capital Raise Deal Value $154m.

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Client: Kelsian Group (ASX: KLS) formerly SeaLink Travel Group.
Transaction Type: Equity Capital Markets
Led By:
James Burchnall
Advised travel and transport company Kelsian Group (formerly SeaLink) (ASX: KLA) on its capital raise to acquire Transit Systems Marine. The capital raise included private placement to professional and sophisticated investors, share issue to the vendors at the placement price and further offer of shares to all eligible shareholders. Capital Raise Deal Value ~ $57m.

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Dispute Type: Sale & Purchase Dispute.
Our client supplied electrical equipment to a head contractor but was not paid its final progress claim for that supply. We implemented a successful strategy which saw our client commence arbitration proceedings against the head contractor with a view to proceeding through to trial if a negotiated outcome could not be reached. Despite an alleged $8 million counterclaim by the head contractor, we helped our client negotiate an outcome which saw it recover a large portion of its final progress claim, resolve the head contractor’s counterclaim, and avoid the time and significant expense of a trial.

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Advised Australian port operations provider Engage Marine on the establishment of a bilateral facility agreement with a major Australian lender. The facility included vessel construction facilities, term loans and a general working capital facility. Deal Value $25m+