United Industries and Jupiter Acquisition Acquire Nu-Gro

On April 30, 2004, the Nu-Gro Corp., United Industries Corp. and Jupiter Acquisition Corp. completed their previously announced plan of arrangement involving the acquisition of Nu-Gro by United Industries at $11 per share. The aggregate value of the transaction was approximately $192 million. Nu-Gro is a manufacturer and seller of packaged consumer and commercial lawn and garden products. United Industries, which goes to market as Spectrum Brands, is a manufacturer and marketer of value-oriented products for the consumer lawn and garden care and insect control markets in the US.

United and Jupiter were represented in Canada by Davies Ward Phillips & Vineberg, with a team comprised of William Ainley, Vincent Mercier, Steven Harris, Christian Gauthier and Karine De Champlain (corporate/securities), Siobhan Monaghan and Claire Kennedy (tax), John Bodrug and Simon Lockie (competition) and Sarah Powell (environmental); and in the US by Weil, Gotshal & Manges, with a team comprised of James Westra, Kevin Sullivan, Heather Mellem and Cody Tibbetts (corporate).

Nu-Gro was represented by McCarter Grespan Robson Beynon Thompson and Stikeman Elliott. The McCarter Grespan team was comprised of Paul Grespan, William Thompson and Amy Finch, and the Stikeman Elliott team was comprised of Mihkel Voore, Jay Kellerman and Greg Hogan (securities), Dean Kraus and Alan Kenigsberg (tax) and Sandy Walker (competition).