Intrexon Corporation (Intrexon) completed its acquisition of Okanagan Specialty Fruits Inc. (OSF) by way of statutory plan of arrangement pursuant to which a wholly-owned subsidiary of Intrexon acquired all the securities of OSF for US$41 million. OSF shareholders received US$31 million in Intrexon common stock and US$10 million in upfront cash, subject to certain escrow hold-back.
Intrexon Corporation is a leader in synthetic biology focused on collaborating with companies in health, food, energy, environment and consumer sectors. OSF is the pioneering agricultural company behind the Arctic®-apple, the world’s first non-browning apple, based in Summerland, British Columbia.
Intrexon was represented in-house by Chief Legal Officer, Donald Lehr and Vice-President, Associate General Counsel and Chief M&A Counsel, Christian Ulrich and by Canadian counsel, Farris, Vaughan, Wills & Murphy LLP, with a team led by Hector Mackay-Dunn, QC and including Denise Nawata, Lisa Andrews and Michael Rawluk (corporate and securities); Thom Ciz (tax) and Teresa Tomchak (securities regulatory). Canadian tax counsel was provided to Intrexon by Borden Ladner Gervais LLP, with a team led by Richard Bennett and Kim Maguire, and Intrexon was also represented by US counsel Troutman Sanders LLP, with a team led by John Owen Gwathmey and including David Meyers, Shona Smith, Jonathan Downs and Doug Boyle (corporate and securities).
OSF was represented by Owen Bird Law Corporation, with a team co-led by Patrick Haberl and Edie Ryan, and including Jeffrey Lightfoot and Carl Pines (corporate and securities) and Paul Brackstone (securities regulatory).