Macquarie Power & Infrastructure Income Fund Acquires Clean Power Income Fund

On June 26, 2007, Macquarie Power & Infrastructure Income Fund (MPT) successfully completed its unit exchange takeover bid for Clean Power Income Fund for aggregate consideration of approximately $225 million. For each Clean Power trust unit deposited under MPT's offer or redeemed pursuant to a subsequent acquisition transaction, 0.5581 of an MPT trust unit and one contingency value receipt of MPT were issued.

MPT invests in essential infrastructure assets with an emphasis on power infrastructure and its portfolio currently includes gas cogeneration, wind, hydro and biomass power generation facilities as well as a 45 per cent interest in Leisureworld Senior Care, a leading provider of long-term care, or social infrastructure, in Ontario. MPT is managed by a member of the Macquarie group, which is a diversified financial services organization headquartered in Australia, with a leading position in infrastructure advisory and funds management.

MPT was represented by Stu Miller, vice-president and general counsel, Macquarie North America Ltd., and by Blake, Cassels & Graydon LLP with a team that included Jeff Lloyd, Leslie Johnson, Markus Viirland, Sheldon Vanderkooy, Cathy Stephen, Alex Matheson and Matthew Merkley (M&A); Sam Principi, Ric McIvor and Nathan Cheifetz (banking); Ron Richler (tax); and Jason Gudofsky and Angie Morris (competition).

Clean Power was represented by McCarthy Tétrault LLP with a team that included David Lever, Daryl McLean, Sean O'Neill, David Randell and Frank DeLuca (M&A); Jim Morand (tax); and Oliver Borgers and Michele Siu (competition).

TD Securities, which underwrote a credit facility with a subsidiary of MPT in connection with the transaction, was represented by Goodmans LLP with a team that included Jeffrey Citron, Lisa Mantello and Greg Aronson.