ASR Acquires Tate & Lyle

On April 21, 2007, American Sugar Refining, Inc. (ASR) completed its acquisition of Tate & Lyle Canada Ltd., historically known in Canada as the Redpath sugar business (Redpath), from Tate & Lyle PLC. Redpath operates Canada's largest cane sugar refinery in Toronto and a packing operation in Niagara Falls, Canada. Its sugar is marketed under the Redpath trademark.

ASR was led in the transaction by its general counsel Armando Tabernilla. Shearman & Sterling LLP acted as US and UK counsel with a team that included John Madden, Chris Cummings, Adam Givertz, Adam Lewinberg and Shane Smyth (M&A); Peter King and Katarina Svitekova (UK corporate); David Bleich and Claire Yang (financing) and Doug McFadyen (tax). Blake, Cassels & Graydon LLP acted as Canadian counsel with a team that included Frank Guarascio, Michael Gans, Mark Adkins, Marianne Smith, Elizabeth Sale, Andrew Gordon and Jennifer Smith (M&A); Kathleen Penny (tax); David MacLachlan (financial services); Robert Kwinter and Jason Gudofsky (competition); Jeff Sommers (pension & employee benefits); Anthony Prenol (intellectual property); Jonathan Kahn (environmental); Silvana D'Alimonte (real estate) and Holly Reid (employment).

Tate & Lyle PLC's team was led by its deputy general counsel, Alyson Corrigan, and assistant general counsel, Katie Diggs. It was represented in Canada by Goodmans LLP, with a team that included Jon Northup, Daniel Gormley, Robert Vaux, Rosella Santilli, Richard Annan (competition); Jarrett Freeman (tax) and Greg Aaronson.

Financing for the acquisition was provided by Rabobank Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. “Rabobank Nederland,” New York branch. Rabobank was represented in the US by Craig Lee, Emily Pittman and Cindy Davis of Paul, Hastings, Janofsky & Walker LLP, and in Canada by Michael Feldman, Scott Kraag and Nadine Rockman of Torys LLP. In addition, a short-term loan was provided by Credit Suisse, Toronto branch. Credit Suisse was represented by Lindsey Hutton (financial services) and Danny Lang (tax) of Bennett Jones LLP.