Merrill Lynch Acquires Entergy-Koch

On November 1, 2004, Merrill Lynch Global Commodities acquired the international assets of Entergy-Koch, LP and Entergy-Koch Trading, LP, including the shares of a number of subsidiaries, among them Entergy-Koch Trading Canada, ULC. The value of the deal is confidential.

Entergy-Koch Trading (now Merrill Lynch) is one of the world’s largest energy trading ventures, trading in natural gas, power, emissions, options, energy derivatives and weather derivatives. Entergy-Koch Trading Canada, ULC (now Merrill Lynch Commodities Canada, ULC) is a Nova Scotia company trading, importing and exporting in the energy markets in Ontario, Quebec, Saskatchewan, Alberta and British Columbia.

Merrill Lynch was represented by lead counsel McDermott Will & Emery LLP with a team comprised of lawyers from their Chicago, New York, London and Washington offices, including: David Aron, Melise Blakeslee, Dan Curto, Jon Dubrow, Steven Epstein, Doron Ezickson, Lydia Kelly, Spencer Klein, Scott Megregian, Jason Ment, Paul Pantano Jr., Daryl Rice, David Rogers, Ian Rose and Ann Ryan.

Merrill Lynch’s representation in Canada was led by a team from McMillan Binch LLP, which included Neil Campbell and Omar Wakil (competition), Mike Richmond (energy regulation and commercial) and Ryan Morris (tax). Hayley Clarke of Patterson Palmer acted as local Nova Scotia counsel.

Entergy-Koch was represented in-house by Ron Oppenheimer, executive vice-president and general counsel, and Kelly Funderburk, and by Vinson & Elkins LLP, led by Bruce Bilger, Jill Pieterse, Cliff Vrielink, Neil Imus, John Decker, Peter Mims, John Lynch, Natalie McFarland, Tara Collins, Mary Klinefelter and Melissa Loyd. In Canada, Burnet, Duckworth & Palmer LLP acted for the vendors, with a team that included Alicia Quesnel.