Transactions

A client involved in a sale process received notification of a regulatory issue which could compromise the transaction and sale value.  The resolution included investigation of the issue by our team and submissions made to the regulator with a successful resolution of the issue.

Advised ROC Partners on its acquisition of the Western Rosella Farming Portfolio from the Harvard University Endowment Fund. Deal Value: Undisclosed.

Advised Sydney based private equity fund Roc Partners on its $350m+ competitive takeover bid for the Vitalharvest Freehold Trust (ASX: VTH). The competitive process spanned across a three-month period whereby Roc was ultimately outbid by Macquarie Infrastructure and Real Assets. Kain advised Roc Partners on all aspects of this transaction, including bid strategy, implementation, and funding.

Advised ROC Partners on certain funds’ syndicated facility as part of its $350m+ competitive takeover bid for the Vitalharvest Freehold Trust (ASX: VTH).

Our national, ASX listed wellness client sought to acquire the business of a competitor.  Our submission to the ACCC demonstrated that on the whole there was no substantial lessening of competition in the markets that the parties operated and  secured ACCC merger clearance. 

Following a minority shareholder oppression dispute claim, Kain advised Hoperidge Enterprises Pty Ltd, Ringwelle Pty Ltd, The Foundry Fund Pty Ltd and Simone Laubscher on its acquisition of a 25% stake in Welle Pty Ltd. Deal value undisclosed. 

Advised Flavorite Group on its merger with Murphy Fresh. The acquisition saw Flavorite Group become Australia's largest owner and operator of glasshouses. Deal Value: Undisclosed.

Advised Alium’s Alpha fund on various pre-IPO investments by convertible notes, preferred equity and ordinary equity. The Alium Alpha Fund is a cross-over investment fund with public and private equity investments - modelled on the traditional family office structure.

Advised our client on the successful removal of a disruptive and disgruntled shareholder thereby reducing the potential liability for the conduct of that shareholder. By securing the support of the shareholders we minimised the risk of further oppression allegations. ​

Advised ResourceCo Pty Ltd on its majority business sale to Sydney based private equity firm Mercury Capital Investments ($1bn FUM). Deal Value $300m.

Advised Resourceco group on its capital re-organisation. In preparation for a capital injection from private equity firm Mercury Capital, Resourceco had outgrown its original capital structure.

Dispute Type: Investment Dispute. A competitor commenced three sets of legal proceedings against our client company to attempt to frustrate our client’s expansion of its telecommunications network. Our strategy focussed on defending the litigation on the basis that it was commenced for the improper purpose of frustrating our client’s network expansion. This strategy led to a negotiated resolution with the competitor, which included the competitor abandoning the legal proceedings and paying a large portion of our client’s legal costs of defending the proceedings.