Avellum has advised longstanding client Kernel Holding S.A. on its USD 43.3 million cash acquisition of 100% of shares in an unnamed farming business that, according to the firm, manages over 170,000 tons of grain storage capacity and over 27,500 hectares of leasehold farmland.
Avellum has advised the shareholders of the Karavan Hypermarket chain on their sale of the company to the Auchan Group. Sayenko Kharenko reportedly advised the buyers on the transaction, which remains subject to approval by the Antimonopoly Committee of Ukraine.
Avellum has advised its longstanding client Kernel Holding S.A. on the acquisition of 100% of shares in a large-scale farming business that manages over 190,000 hectares of leasehold farmland and approximately 200,000 tons of grain storage capacity. The value of the deal was USD 155 million. The Antimonopoly Committee of Ukraine approved the acquisition in May 2017.
Sayenko Kharenko has acted as Ukrainian legal counsel to joint lead managers J.P. Morgan Securities plc and ING Bank N.V., London Branch in connection with the cash tender offer with respect to USD 750 million 8.25 percent notes due 2020 and the issue of new USD 500 million 7.75 percent notes due 2024 by MHP S.A. MHP was advised by Avellum on Ukrainian law and Freshfields on English law.
Avellum has announced that it was part of the Ukrainian Arbitration Association’s (UAA) Working Group that prepared an amicus curiae (friend of the court brief (the “Brief”), submitted to the High Specialized Court of Ukraine for Civil and Criminal Cases to aid in the Court's consideration of an appeal against a lower court’s decision regarding the recognition and enforcement of a Grain and Feed Trade Association award of USD 17,536,000 and compound interest.
Clifford Chance has advised Deutsche Bank, ING, Natixis, and UniCredit in their capacity as the coordinating committee for the pre-export finance banks in connection with the successful implementation of a USD 2.3 billion debt restructuring for Metinvest. Ukraine's Redcliffe Partners, working alongside Clifford Chance, provided Ukrainian law advice to the committee. Baker McKenzie and Allen & Overy advised Metinvest on the restructuring.
Sayenko Kharenko Counsel Oleksandr Nagorny has been appointed Deputy Chairman of the Antimonopoly Committee of Ukrainе and Avellum Managing Partner Mykola Stetsenko and Sayenko Kharenko Partner Vladimir Sayenko have been elected to its Public Council at the Committee's constituent assembly on February 24, 2017.
The Ukrainian court system saw significant changes in 2016. The first, and probably the most important, was the initiation of judicial reform, which included changes to the Constitution of Ukraine and a truly significant amount of new laws (some of which have already passed through the Parliament, with others still under development). In addition, in 2016, Ukrainian legal community witnessed some unexpected decisions of the Supreme Court of Ukraine affecting the jurisdiction of Ukrainian courts, which contributed to uncertainty in the Ukrainian judiciary.
Avellum has acted as Ukrainian legal counsel to Deutsche Beteiligungs AG in connection with the EUR 5.9 million investment in Dieter Braun GmbH. Gleiss Lutz was global counsel to Deutsche Beteiligungs.
Avellum has acted as Ukrainian legal counsel to longstanding client Kernel Holding S.A. in connection with an offering of its USD 500 million 8.75% guaranteed notes due 2022. The notes are expected to be rated B+ by Fitch and B by S&P, two notches and one notch above the Ukrainian sovereign respectively.
Avellum has acted as a Ukrainian law counsel to a bondholder group composed of holders of senior notes issued by DTEK Finance plc in connection with the long-term restructuring of the notes as part of the long-term restructuring of the debts of the DTEK Energy group.
Avellum has acted as Ukrainian legal counsel to Canada Pension Plan Investment Board (CPPIB) in connection with its acquisition of an approximately 48% stake in GlobalLogic Inc. from Apax Funds. Latham & Watkins acted as the global legal advisor to CPPIB, while Avellum's advice covered matters of Ukrainian corporate law, including the structuring of employment relations with private entrepreneurs, enforceability of non-disclosure clauses in employment contracts, and intellectual property matters, in particular transfer of proprietary rights to intellectual property created by employees of GlobalLogic Ukraine LLC.