On March 24, 2011, K+S Canada Holdings Inc. (“K+S Canada”), a wholly owned subsidiary of K+S Aktiengesellschaft, concluded the acquisition of Potash One Inc. (“Potash One”) for approximately $434 million in cash, by way of a take-over bid.
The K+S Group is a leading supplier of standard and specialty fertilizers. K+S shares – the only commodities stock on the German DAX index – are listed on all German stock exchanges.
TSX-listed Potash One holds several potash exploration licenses in the Canadian province of Saskatchewan, with the most advanced being the Legacy Project. The Legacy Project, which would require a capital investment of around US$2.5 billion to develop, will be the first new potash mine built in Saskatchewan in 40 years.
K+S Canada was represented internally by Hans-Uli Boedicker and externally by Borden Ladner Gervais LLP, with a team that included Fred Pletcher, Philippe Tardif, Eric Doherty, Melanie Bradley, Michael Waters, Stephen Robertson, Samir Patel, Edward Wang and Jennifer Poirier (corporate and securities); Rick Bennett (tax); Jeffrey Thomas (Investment Canada); Graham Walker (transportation); Gabrielle Kramer (environmental) and Stephanie Lysyk (Aboriginal). McKercher LLP's John Pringle acted as Saskatchewan counsel. Kenneth Mason of Kaye Scholer LLP acted as US Counsel.
Potash One was represented internally by Anne Chopra and Farris, Vaughan, Wills & Murphy LLP, with a team led by Ronald Murray (corporate/securities) that included Mark Chu (tax); David Selley (competition/regulatory compliance) and Christopher Wiebe (employment), together with Thierry Keable and Bo Rothstein (corporate/securities) and Stephanie Daniels (tax). Keith Boyd, QC, Ronald Warsaba and Micheal McDougall of Kanuka Thuringer LLP acted as Saskatchewan counsel to Potash One.