On July 27, 2009, 2206997 Ontario Inc., an acquisition company formed by Davis + Henderson Income Fund, completed the acquisition of Resolve Business Outsourcing Income Fund on the basis of 0.285 of a Davis + Henderson unit for each unit of Resolve. The total enterprise value for the transaction was approximately $200,000,000.
Davis + Henderson's legal team was led in-house by Michael Killeen, EVP and chief legal officer. Davis + Henderson was also represented by Stikeman Elliott LLP with a team that included Martin Langlois, David Weinberger, Jonathan Moncrieff and Jeremy Ehrlich (corporate and securities), Dean Kraus (tax) and Marie Garneau and Justin Parappally (banking).
Resolve was represented by Lang Michener LLP with a team that included Mark Richardson, Daniel Rowntree and Shannon Seitz (corporate) and Hellen Siwanowicz and Denno Chen (securities and corporate). James Musgrove and Janine MacNeil represented both Davis + Henderson and Resolve in competition matters.
In connection with the acquisition, Davis + Henderson and its syndicate of lenders led by Scotiabank and Bank of Montreal entered into an amended and restated credit agreement. The lenders were represented by a legal team from Fasken Martineau DuMoulin LLP that included John Torrey, Thomas Meagher, Angela Onesi and David Ferris.