On April 24, 2011, Barrick Gold Corporation (“Barrick”) entered into an agreement for Barrick to acquire all of the outstanding common shares of Equinox Minerals Ltd. (“Equinox”) by way of a friendly all-cash take-over offer. The Barrick offer followed an announcement on April 3, 2011, by Hong Kong-based Minmetals Resources Ltd. of its intention to make an all-cash offer to acquire Equinox for $7.00 per share. The Barrick offer values the equity of Equinox at approximately $7.3 billion ($8.15 per share).
On June 1, 2011, the original expiry date of the offer, Barrick announced it had acquired approximately 83 per cent of the outstanding Equinox shares under the offer, which was being extended to June 14, 2011. On June 14, 2011, Barrick announced it owned approximately 96 per cent of the outstanding Equinox shares and would acquire the balance pursuant to a compulsory acquisition under the Canada Business Corporations Act.
Barrick's legal team was led by Sybil Veenman, Senior Vice-President and General Counsel and Jennifer Mazin, Vice President and Assistant General Counsel and included Steve Crozier and Sean Keating. Barrick was represented by Norton Rose OR LLP with a team led by Terence Dobbin and including Pierre Dagenais, Paul Fitzgerald, Eric Reither and Evelyn Li (M&A); Ned Steinman and Dawn Whittaker (mining); Adrienne Oliver and Ted Citrome (tax); Peter Wiazowski (financing) and Kevin Ackhurst (regulatory). Barrick was also represented by Sullivan & Cromwell LLP with a team including James Morphy, George Sampas and Mary Grendell (M&A) and Inosi Nyatta and John Estes (financing). Barrick was represented in Australia by Clayton Utz with a team including John Elliott and Adrian Beerworth (M&A) and Mark Friezer and Louisa Wu (tax).
Equinox was represented by Osler, Hoskin & Harcourt LLP with a team including Clay Horner, Douglas Bryce, Donald Gilchrist, Robert Hughes and James Brown (M&A); Firoz Ahmed, Kimberly Wharram and Amanda Heale (tax); Michael Matheson (financing) and Michelle Lally (regulatory).