199 Bay St, Suite 5300, Commerce Court West, Toronto, ON
Year called to bar: 1998 (ON)
Craig Mitchell is a partner in the Banking & Finance Group. His practice focuses on banking, restructurings and workouts. He has expertise in private acquisition financings, takeover bid financings, debtor-in-possession financings, asset-based lending and mezzanine lending. Craig acts as counsel to both lenders and borrowers on domestic and cross-border financings in North America, Europe and Asia, and as counsel to creditors and debtors in commercial insolvencies and restructurings. He also acts as counsel to private equity funds in connection with leveraged mergers and acquisitions.
On October 16, 2018, Brookfield Infrastructure and its institutional partners, (collectively, “Brookfield Infrastructure”) completed the acquisition of all the issued and outstanding common shares of Enercare Inc. for $29.00 per common share or, in the case of certain electing Canadian resident shareholders, 0.5509 of an exchangeable limited partnership unit (“Exchangeable LP Unit”) for each common share elected. The Exchangeable LP Units are exchangeable, on a one-for-one basis for non-voting limited partnership units of Brookfield Infrastructure Partners L.P. (“BIP”).
On March 28, 2018, Platinum Equity Capital Partners IV (Platinum Equity) completed the acquisition of Husky Injection Molding Systems (Husky) from Berkshire Partners and OMERS Private Equity for $4.95 billion (US$3.85 billion). Based in Bolton, Ont., Husky is a global supplier of highly engineered injection molding equipment and services for the plastic injection molding equipment industry, and a leading provider of PET systems, hot runners, aftermarket tooling, medical molds and specialty closure molds.
On December 14, 2017, Mountain Province Diamonds Inc. completed its $325-million notes offering and $50-million revolving credit agreement. The Notes were guaranteed by each of the company’s subsidiaries and were secured on a second-priority basis by substantially all of the company’s assets, including the company’s 49-per-cent participating interest in the joint venture related to the Gahcho Kué diamond mine.
On September 1, 2017, adidas AG completed its divestiture of CCM Hockey to a newly formed affiliate of Birch Hill Equity Partners for US$110 million, subject to customary adjustments. CCM Hockey consists of its main operations in Montréal as well as operations in the US, Sweden, Norway and Finland.
In the culmination of a complex cross-border bankruptcy sales and auction process, on February 28, 2017, Performance Sports Group Ltd. (PSG) announced the completion of the sale of substantially all of its assets to an investor group led by Sagard Holdings Inc. (Sagard) and Fairfax Financial Holdings Limited (Fairfax) for US$575 million, subject to certain adjustments, and the assumption of related operating liabilities.
On December 14, 2016, Sotawall Inc. (“Sotawall”) completed the sale of substantially all of its assets to a wholly owned subsidiary of Apogee Enterprises, Inc. (“Apogee”), a leader in technologies involving the design and development of value-added glass products and services, for approximately US$135 million
On October 8, 2015, TorQuest Partners, through a wholly owned acquisition vehicle, successfully acquired from Sentinel Capital Partners, together with the other shareholders of Spinrite Acquisition Corp. (Spinrite), all of the outstanding shares of Spinrite, following the completion of a reorganization of Spinrite.
On December 17, 2015, BayBridge Seniors Housing Inc. (BayBridge), a wholly owned subsidiary of the Ontario Teachers’ Pension Plan Board, completed the acquisition of Amica Mature Lifestyles Inc. (Amica) pursuant to a statutory plan of arrangement under the CBCA for approximately $1 billion, including debt assumed.
On October 1, 2015, Stericycle, Inc. completed its US$2.3 billion acquisition of Shred-it International, the global leader in secure information destruction services. The transaction was financed by Stericycle through a combination of senior unsecured debt consisting of a term loan credit facility, private placement notes and a public offering of mandatory convertible preferred stock represented by depositary shares. The term loan credit facility was provided by Bank of America Merrill Lynch, Goldman Sachs & Co, JPMorgan Chase, HSBC and other lenders. The mandatory convertible preferred stock offering was underwritten by Bank of America Merrill Lynch, Goldman, Sachs & Co, and J.P. Morgan.
Leading infrastructure and construction materials enterprise Armtec Infrastructure Inc. and its affiliates (Armtec) completed a going-concern sale of substantially all of its assets to Armtec LP, an affiliate of Brookfield Capital Partners Fund III L.P. (Brookfield), in exchange for a release from approximately $200 million in secured debt obligations owing to Brookfield. The transaction was completed pursuant to an asset sale under the <I>Companies’ Creditors Arrangement Act</I> (CCAA).
On February 27, 2015, Calgary-based Newalta Corporation (Newalta) completed the sale of its Industrial Division to Revolution Acquisition LP (Revolution), a subsidiary of Toronto-based Birch Hill Equity Partners Management Inc. (Birch Hill), for cash proceeds of $300 million. The Industrial Division is comprised of several business streams including major facilities and assets located across Canada. The sale creates a new stand-alone company, Terrapure Environmental, which has its headquarters in Burlington, Ontario.
The current owners of Canada's largest off-airport and only national car park company, Park'N Fly, completed the sale of their parking business assets, including all real estate used in connection with the business located in Montreal; Ottawa; Toronto; Edmonton and Vancouver, along with goodwill and other operating assets, to a joint venture led by Cheung Kong Infrastructure Holdings Limited and Cheung Kong (Holdings) Limited, both companies whose shares are traded on the stock exchange of Hong Kong, each owning a 50 per cent interest.