Eastman Kodak Acquires Creo

On June 15, 2005, Eastman Kodak Co. completed the acquisition of Creo Inc. in a transaction valued at approximately US$988 million. Kodak acquired all the issued and outstanding common shares of Creo at US$16.50 per share, by way of plan of arrangement under the Canada Business Corporations Act.

Kodak was represented by its legal counsel Kenneth Doolittle and Joseph Leverone, and by David Wright of Kodak Canada. Kodak was represented in Canada by Osler, Hoskin & Harcourt LLP with a team that included Don Ross, Don Gilchrist and Sachin Davé (corporate/securities), Michelle Lally, Paul Winton and John Quinn (competition and Investment Canada), Dov Begun (tax) and Laura Fric (litigation). US counsel to Kodak was Sullivan & Cromwell LLP with a team that included Steve Kotran, Paul Golding and Tae Park (corporate/securities) and Ansgar Simon (tax); and by Steven Newborn, John Scribner and Jonathan Sickler at Weil, Gotshal & Manges LLP for anti-trust matters. In Europe, Kodak was represented by Doug Nave at Weil, Gotshal & Manges, and in Israel, Kodak was represented by David Schottenfels at Silber, Schottenfels & Gerber.

Creo was represented by its legal counsel Paul Kacir and by David Marcus and Einav Aharoni-Yonas of Creo Israel. Creo was represented in Canada by Stikeman Elliott LLP with a team that included Jonathan Drance, John Stark, John Anderson, Argiro Kotsalis, Farhad Bayati and Jennifer MacGregor-Greer (corporate/securities), Shawn Neylan and Vicky Eatrides (competition and Investment Canada), Dean Kraus (tax) and Elizabeth Pillon and David Brown (litigation). US counsel to Creo was Cravath, Swaine & Moore LLP with a team that included John Gaffney, Andrew McIlroy, Michael Healy and Cristina Amodeo (corporate), Michael Schler and Megan Healey (tax), Lawrence Witdorchic (benefits) and David Mandl (environmental). In Europe, Creo was represented by Frédéric Louis at Wilmer Cutler Pickering Hale and Dorr LLP, and in Israel, Creo was represented by Zeev Pearl and Joel Vidal at Pearl Cohen Zedek Latzer.

The special committee of Creo was represented by Neil de Gelder, Q.C., of Borden Ladner Gervais LLP.