Takeovers

We bring experience, expertise and sound judgement to all public M&A transactions.  We are a market leader having built a strong reputation for our work advising on many of New Zealand's largest and most complex takeovers and schemes of arrangement.

Overview

Developing the correct strategy for a bidder, target or majority shareholder requires speed, depth of experience, a practical approach and sound judgement.

We understand public M&A

We understand the demands of public M&A and have built a strong reputation in this area as a result.
We have been involved in all aspects of Takeovers Code offers and schemes of arrangement advising target companies, bidders, majority shareholders and independent directors.

We have great relationships with the Takeovers Panel, the Financial Markets Authority and NZ RegCo which helps to facilitate constructive conversations on technical issues – from 'no-names' initial discussions through to obtaining complex waivers and exemptions.

We can support you at every stage

Our team can support you with all aspects of your public M&A transactions including in relation to:

  • Negotiating and drafting pre-bid commitment arrangements
  • Voting and lock-up agreements
  • Preparing takeover offers and target company responses
  • Scheme documentation and process management
  • Advising bidders and the independent directors of target companies on both friendly and hostile bids
  • Securing exemptions from the Takeovers Code, FMCA and NZX Listing Rules
  • Appearing on behalf of clients before the Takeovers Panel.


Work highlights

Sixth Street

We advised Sixth Street as part of a consortium with BGH Capital in relation to the consortium's NZ$1.63b successful acquisition of NZX and ASX-listed Pushpay Holdings by way of scheme of arrangement.

Infratil

We advised Infratil in relation to its initial takeover offer for NZX listed Tilt Renewables, and subsequent sale of its majority shareholding in Tilt Renewables, which was undertaken by way of a NZ$3.24b scheme of arrangement. Read more.

MHM Automation

We advised NZX listed MHM Automation in relation to its takeover by Betcher Industries, Inc. by way of scheme of arrangement.

Takeover offer and scheme documentation

We have acted for numerous potential and actual bidders in preparing takeover offer and scheme documentation on a variety of control transactions taken to various stages of negotiation and documentation but not ultimately completed.

Pioneer Energy

We advised Pioneer Energy (together with Buller Electricity) on its successful takeover of Pulse Energy.

Sky Television

We advised NZX listed Sky Television on:

  • Its proposed NZ$3.4b merger with One New Zealand (formerly Vodafone New Zealand)
  • Its merger with INL by way of a court approved scheme of arrangement.

Our team

Nick Bragg

Partner, Auckland

Nick specialises in corporate and commercial law with considerable experience across a broad range of mergers and acquisitions (includi…

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Sarah McEwan

Partner, Auckland

Sarah specialises in corporate and commercial law with a broad range of experience in capital markets and securities transactions…

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Grant Dunn

Partner, Auckland

Grant specialises in corporate and commercial law and has over 20 years experience. …

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Mark Odlin

Partner, Christchurch

Mark specialises in corporate and commercial law and advises on a range of financial, commercial and corporate law matters, including…

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Rupert Rouch

Partner, Wellington

Rupert is an experienced corporate and commercial lawyer who advises on mergers and acquisitions, joint ventures and general corporate …

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