On May 4, 2006, Kilmer Capital Partners Limited acquired the assets and undertaking of Tribal Sportswear Inc. in conjunction with Peter Berall, one of the owners of the business. The purchase price was not disclosed.
Tribal is a Montreal-based designer, manufacturer, distributor and wholesaler of women's casual and career clothing. The acquisition also included the purchase of the assets of Tribal's New York-based subsidiary, Tribu International Inc., and the shares of its Hong Kong affiliate, Tribal Sportswear (H.K.) Limited. A portion of the purchase price was funded by a non-revolving term credit facility and a revolving term credit facility with the Bank of Nova Scotia.
Kilmer Capital Partners was represented by lead counsel Goodmans LLP with a team that included Neil Sheehy, Pollyanna Lord and David Nathanson (corporate); Jean Anderson, Steven Kresak and Elisabeth Cleghorn (banking); Alan Bowman and David Veneziano (tax); Ramsey Ali (real estate); and Joe Morrison (employment). Lavery, de Billy, LLP represented Kilmer in Quebec with a team that included Georges Dubé and Marie-Andrée Gravel (corporate), and Pierre Denis and Benjamin Gross (banking). Hunton & Williams LLP represented Kilmer in the US with a team that included Douglas Granger and John Owen Gwathmey (corporate), Bill Richardson (tax), Jay Ritter (benefits) and Dan Campbell (real estate). Leo Seewald of Arculli, Fong & Ng, in association with King & Wood, represented Kilmer in Hong Kong.
Peter Berall was represented by Yoine Goldstein of Fishman Flanz Meland Paquin LLP. Kenneth Berall and Antonio Mucciardi (vendors) were represented by McMillan Binch Mendelsohn LLP, with a team that included Michael Garonce, Max Mendelsohn, Philipp Duffy and Patrice Beaudin in Montreal, and Wayne Gray in Toronto.
Tribal was represented by Spiegel Sohmer with a team led by David Sohmer that included Alwynn Gillett (corporate) and Dan Donath (real estate). Tribal was represented in the US by McLaughlin & Stern, LLP, led by Richard Halperin (tax) and Eli Schoenfield (corporate).
The Bank of Nova Scotia was represented in Canada by Fasken Martineau DuMoulin LLP with a team that included Brian Wright and David Johnson in Toronto, and Angela Onesi, Félix Gutierrez and Andrew Klug in Montreal; and in the US by David Clark and Gary Weinstein of Faegre & Benson LLP in Minneapolis.