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McMillan Nominated for 3 of Lexpert’s 2022 Top Deal Awards: Infrastructure & Projects; Insolvency & Restructuring; M&A

News May 18, 2022

McMillan is honoured to support the success of a growing number of great clients. Again, this year, that success has translated into recognition at the Canadian Law Awards (CLA).  Three transactions, in which we advised clients, have made the shortlist for the annual Lexpert Canada Law Awards in several “Deal of the Year” categories.

The recognized transactions help to demonstrate our diversity of expertise across multiple practices and industries. Notably nominated for Infrastructure Deal of the Year (for work on the Burnaby Hospital Redevelopment); Insolvency Deal of the Year (for the iAnthus Restructuring); and M&A Deal of the Year (for advising Synnex Corp as they acquired Tech Data). The nominations also reflect McMillan’s areas of strategic strength in infrastructure and construction; technology and technology transactions; inbound investment and helping clients navigate complex regulatory regimes in competition and trade law.

These deals are recognized as Excellence Awardees for 2022 with a winner of each category announced at the CLA gala dinner on May 18.

Here are details on the nominated deals:

Infrastructure & Projects Deal of the YearBurnaby Hospital Redevelopment Project – McMillan acted as counsel to the Bank of Nova Scotia (lender) in connection with credit facilities to EllisDon Infrastructure BHRP Inc. (borrower) for the $1.4 billion financing of the Burnaby Hospital Redevelopment Project, a design-build-finance project procured by Fraser Health Authority.

The project will transform and modernize the hospital’s campus and is among British Columbia’s largest health care investments. The project will be developed to achieve LEED (Leadership in Energy and Environmental Design) Gold standard.

Congratulations to our talented lawyers on this file — Julie Han, Ahsan Mirza, Alex Ricchetti and Shahen Mirakian.

M&A Deal of the Year – Synnex Corporation Acquires Tech Data – McMillan advised Synnex in its US$7.2 billion acquisition of Tech Data, creating TD Synnex a leading global distributor and solutions aggregate for the IT ecosystem. The Synnex / Tech Data merger combines two of the world’s largest IT distributors and solutions aggregators, and creates a company that serves more than 100 countries with a diverse portfolio of more than 200,000 product and solutions offerings.

This transaction was subject to competition and antitrust reviews in Canada and 10 other jurisdictions, including the United States, European Union, China, Japan, India and Korea. McMillan worked with its international counterparts and obtained competition clearance from the Competition Bureau in Canada.

Congratulations to the talented lawyers on this file – Joshua Krane, Joshua Chad and William Wu.

Restructuring / Insolvency Deal of the Year – iAnthus Capital Holdings Inc. Restructuring – McMillan acted as corporate counsel to iAnthus and has been advising on its restructuring efforts. The firm advised iAnthus through its strategic review process, including the evaluation and negotiation of bids submitted in that process and matters relating to the attempted enforcement of security by senior debenture holders.

This matter is the leading case in British Columbia dealing with indemnity agreements in connection with plan of arrangements. It remains one of the largest restructuring transactions in the industry with over $175 million of debt and US$364 million in assets. Ultimately, the strategic review process concluded in iAnthus entering into a Restructuring Support Agreement (the “RSA”), which contemplated implementing a recapitalization transaction. The transaction is subject to regulatory approval and remains ongoing.

Congratulations to our talented group of lawyers on this file: Wael Rostom, Tushara Weerasooriya, Jeffrey Levine (Restructuring); James Munro, Jason Haley, Arman Farahani, Paul Barbeau, Herbert Ono, Michael Shannon, John Alsbergas, Alex Grigg (Capital Markets), Dave McKechnie, Paul Boshyk, Melanie Harmer, Kritika Sharma (Employment); Neil Campbell, Joshua Chad (Regulatory); Michael Friedman(Tax).

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