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White & Case has advised Cott Corporation on its acquisition of Eden Springs, a leading European direct-to-consumer services provider that specializes in home and office delivery water, office coffee services, and filtration, from Rhone Capital. The sale price was approximately EUR 470 million. Linklaters advised Rhone Capital on the deal.

The Cott Corporation operates in the direct-to-consumer beverage services industry and is one of the world’s largest producers of beverages on behalf of retailers, brand owners, and distributors.

The White & Case team was led by London-based Partner Ian Bagshaw and Associate Jarlath McGurran, and included Brussels-based Partner Mark Powell, Warsaw Local Partner Katarzyna Czapracka, London-based Associates Linford Coates, James Turner, Mark Hurst, and Helen Levendi, and Moscow-based Associate Ekaterina Tulaeva.

Linklaters did not reply to our inquiry on the matter.

Chadbourne & Parke has announced that Ekin Inal has been promoted to International Partner in the firm’s Istanbul office.

Inal, a member of Chadbourne’s affiliate Bilgic Attorney Partnership in Turkey, focuses on corporate and finance transactions including mergers and acquisitions, securities transactions, and project finance. She advises domestic and international companies and financial institutions on mergers and acquisitions, joint ventures, foreign investment, and general corporate law. She joined Bilgic in November 2011 after working as a Visiting Attorney at Chadbourne’s Dubai office for a year before that. She also worked as an Associate at Herguner Bilgen Ozeke from August 2006 to June 2009.

Inal’s promotion comes as part of the firm’s global round of promotions, which included three other new Partners (two in the firm’s Dubai office, and one dividing her time between London and Johannesburg), and four Counsel (in the firm’s New York and Washington D.C. offices).

Noerr has advised for S&T AG on its entrance on the Romanian healthcare services market via a takeover of a 52% stake in Gadagroup Romania, a multinational technology group, manufacturer of IT, and supplier of smart energy technologies.

S&T AG, which is headquartered in Austria and has over 2,000 employees in over 20 countries, manufactures and supplies IT solutions and smart energy technologies. Established in 1996, Gadagroup Romania is the sole authorized distributor for producers such as: Philips Healthcare, Edwards Lifescience, Terumo, Sorin Group, Hill-Rom, Fisher&Paykel, Zeiss, Masimo, Natus, KLS Martin, and Medifa, among others.

According to a statement released by Noerr, “by acquiring 52% of the shares of Gadagroup Romania S.R.L., S&T Group is entering the Romanian market of healthcare services, expanding thus its portfolio and clientele on this very dynamic market. We assisted the client during the entire transaction in all legal aspects related to Romanian law, including obtaining the clearance from the Competition Council.”

The Noerr team was coordinated by Senior Associate Luiza Bedros, working under the supervision of Partner Rusandra Sandu.   

Noerr did not identify counsel for Gadagroup Romania.

Greenberg Traurig has advised Bank Pocztowy on the first issue of the bank’s bonds, part of the public bond issuance program for individual investors. IPOPEMA Securities was bookrunner and joint lead manager.

The maximum aggregate nominal value of the bonds issued under the program is PLN 1 billion. June 8th marked the issue of the first tranche of subordinated bonds worth PLN 50 million. The Issuer is planning to seek the introduction of the bonds to the alternative trading system operated by the Warsaw Stock Exchange within the framework of the Catalyst market.

Greenberg Traurig provided comprehensive legal advice to the bank, including preparing the prospectus and obtaining its approval, structuring the bonds issue program and introducing the first tranche of bonds to the Warsaw Stock Exchange alternative trading system, and obtaining regulatory approvals from the Polish Financial Supervision Authority relating to the transaction.

“We are very pleased to have advised on such an interesting public offering successfully executed by our client,” said Greenberg Traurig Partner Rafal Sienski, who supervised the transaction along with Partner Ireneusz Matusielanski. Associate Dawid Van Kedzierski added that “this is the first time where a single prospectus includes both subordinated and senior bonds. Up to this point, in similar scenarios, two separate prospectuses would be prepared.” 

Associate Adam Puchalski worked on the Greenberg Traurig team with Sienski, Matusielanski, and Kedzierski. In addition, Partner Lukasz Pawlak advised on regulatory issues, supported by Senior Associate Malgorzata Pasnik.

Greenberg Traurig did not identify counsel for IPOPEMA Securities on the deal.

Nestor, Nestor Diculescu Kingston Petersen (NNDKP) has advised the TVH Group on its acquisition of 100% of the shares in Industrial Access SA, a premium provider of equipment rental services in South Eastern Europe,  from the Balkan Accession Fund (BAF), a private equity fund advised by Axxess Capital, and Stefan Ponea, founder and CEO of Industrial Access. Sole practitioner Gabriela Assoum Predescu advised the sellers on the transaction, which is conditional upon obtaining the approval of the Romanian Competition Council.

The 4,900 employees of the family-run TVH Group serve more than 20,000 customers in 170 countries worldwide, with subsidiaries and branches in 30 countries. The group has two main areas of operations: the sale and distribution of spare parts for materials handling, industrial equipment, and agricultural tractors and machinery, and the rental of access equipment. 

Industrial Access is a largest independent powered access rental company operating in Romania, Bulgaria, and Moldova, and it owns a premium rental fleet across multiple equipment families such as aerial work platforms, earth moving and compaction, fence and accommodation, power, air and water equipment and small construction equipment. In 2007, Ponea joined with BAF. It has been reported that he will continue to work with the company for at least three more years, and that the acquisition includes the rental management software systems that Ponea developed for the firm. 

The NNDKP team was led by Partner Ruxandra Bologa and included Senior Associate Anca Mihailescu and Associate Ioana Vieru. Lawyers Alexandru Onuta and Mihaela Ioja from the firm’s Tax Advisory Services department provided advice on tax issues.

Triniti has announced both that Balticlaw Partner Deivis Valiulis has joined it with a team from his previous firm and that it has established a new Energy and Infrastructure practice group, headed by Partner Vytautas Kalmatavicius.

The five lawyers moving over from Balticlaw will join Triniti’s Real Estate and Dispute Resolution practice groups, with Valiulis —who joins as a Partner — taking over as head of the former.

“We have taken the growing need of our customers and the increased demand for legal services into account,”  said Triniti Managing Partner Linas Sabaliauskas, commenting on his new colleagues. “Therefore we are very pleased that the new partner with an excellent team of professionals decided to join our team. We are sure that due to these changes we will be able to provide our customers with more innovative and efficient solutions and do our best to help clients to succeed.”

Speaking of his decision to move, Valiulis said: “it is very important for us that our customers receive only the highest level of legal advice. Therefore, we have always been fascinated by the expertise and professionalism of the Triniti law firm. In addition, we have taken into consideration that Triniti has significantly strengthened the areas of its practice; we have seen the firm’s’ breakthrough in the market. Therefore we decided to seize the opportunity to join the firm’s office in Lithuania. We are glad that we share the same values of business with Triniti – high professional standards, responsible approach to the quality of service, and customer focus. Together we will seek to ensure the highest quality of legal services to our clients.”

Valiulis has been a partner at Balticlaw (formerly known as Acta Juris) for the past 10 years, where he was responsible for the real estate, construction, and corporate law practice areas. He graduated from the Vilnius University Law School in 2000, and obtained an LL.M. from the Johann Wolfgang Goethe University in Frankfurt  am Main in 2006.

Kalmatavicus has been with Triniti since 2011. He received his Master’s Degree in Law from Vilnius University in 2001.

Sorainen Belarus has assisted Texas Chicken (belonging to Cajun Global LLC), a U.S.-based chain of fast food restaurants specializing in fried chicken, establish its franchise in Belarus.  

Sorainen’s work included the review of franchise agreements, advising on the specifics of local law, and help in communications with the local franchisee. According to the firm, “opening of the first Texas Chicken restaurant in Minsk is an event which has been highly anticipated by the local food industry market and consumers.” 

The Sorainen team on the matter included Partner Maksim Salahub and Associate Nadezhda Fomenok. Last year the same team helped Papa John’s pizza take-out and delivery chain opening its first store in Minsk as well (as reported by CEE Legal Matters on September 30, 2015).

Kochanski Zieba & Partners and Dentons (New York) have been instructed to act for Darley Energy PLC as it commences a EUR 1.4 billion investment arbitration dispute against the Republic of Poland.

According to Kochanski Zieba & Partners, “Darley’s claim has arisen as a result of Poland’s decision to deny it a potash mining concession, which has been independently valued at EUR 1.4 billion. Darley bid for the concession near the Baltic coastal town of Puck, in 2012.” 

The firm claims that, “since there were no other bidders, Darley, according to Polish law, should have been granted access to the deposit by May 2013. But the process was extended to give Polish state-controlled mining giant KGHM time to join the bidding and then win the concession. Darley Energy’s claim is that the Polish Government’s decision to grant the permit to KGHM violated its duties under bilateral investment treaties (BIT) by expropriating Darley’s investment and through discrimination. The potash resources were discovered and explored by Darley prior to any interest from KGHM, or the Polish authorities’ endeavor to exploit them. In order to protect its shareholders, and since the Polish authorities have refused to meet with Darley, the company has commenced investment arbitration proceedings utilizing BIT legislation.”

Darley Energy PLC has instructed Kochanski Zieba & Partners, led by Partners Marek Jezewski and Adam Piwakowski, and the New York office of Dentons, led by Partner Meriam Al-Rashid, to pursue its claim. 

Penkov-Markov & Partners has obtained preliminary approval from the Bulgarian National Bank for 4FINANCE’s indirect acquisition of 100% of the share capital of TBI Bank from Kardan Financial Services B.V.

PM&P worked with “a team of international lawyers” in carrying out the legal due diligence of TBI Bank and its Romanian subsidiaries and “elaborated a full-scale mechanism for the restructuring of the groups of companies of the seller … which was one of the essential conditions for closing of the deal.” The firm reports that its team “has also provided overall support throughout the negotiations between the seller and the buyer 4FINANCE Holding S.A by executing all necessary documents and contracts for the transfer of the shares from the capital of the bank’s sole owner, TBIF Financial Services B.V.”

PM&P describes 4FINANCE as “one of the fastest growing groups providing mobile and online consumer lending in Europe and is currently operating through local legal entities in 14 countries: Argentina, Armenia, Bulgaria, Czech Republic, Denmark, Finland, Georgia, Latvia, Lithuania, Mexico, Poland, Romania, Spain, and Sweden.”

The PM&P team was led by Managing Partner Vladimir Penkov and included Partners Ivan Markov and Svetoslav Dimitrov.

In response to our inquiries about other firms working on the deal, a PM&P spokesperson explained that “any further details regarding the transaction could be provided only upon its final completion.”

After advising Net Holding of its take-over of the management of the Casino Montenegro and the Casino Avala earlier this year (as reported by CEE Legal Matters on April 8, 2016), the firm has now assisted Net Holding on its entrance into a management agreement for the Casino Royale Splendid in the five-star Splendid Hotel. The deal was closed in May 2016.

The Splendid Hotel is located in the small town of Becici in Montenegro, and when it opened in 2006 it became the first 5 star hotel on the eastern coast of the Adriatic sea. The hotel is 3 kilometers away from Budva, the tourist capital of Montenegro, and has its own private beach on the Adriatic. The Casino, which is located on the 10th floor of the resort, opened its doors in 2010.

The firm’s team was led by Managing Senior Associate Luka Popovic.

Image Source: splendidcasinoroyale.com