Mining and Metals

Advised a mining service company in many areas, such as contracts for the sale, rental, maintenance, and repair of heavy equipment, including its standard terms and agreements and with regards to PPSR regulation; joint ventures, royalty, and equity agreements and the resolution of disputes with principals, subcontractors, and other stakeholders; migration and industrial relations; and a mining alliance agreement with an Australian gold exploration and mining company. Also advised on its merger with a provider of bulk haulage and ancillary onsite services to mining companies in Australia.

Advised an ASX-listed gold exploration and development company on the joint venture acquisition of a Western Australia gold mine with a West Australia-based company exploring gold, lithium, rare earth, vanadium, and base metals. Our client acquired an initial 50% interest in the gold mine, with the ability to increase to 70% and to manage the project, as well as the formation of two other joint ventures. These joint ventures give our client the right to earn 50% and 45%, respectively, of the gold rights on the tenements that are the subject of each joint venture.

Acted for an ASX-listed gold mining and exploration company with respect to its acquisition of two copper/gold projects in Colorado. Prepared tender documentation for various mining services contracts.

Advised a gold mining company listed on the AIM market of the London Stock Exchange on its recommended takeover by an ASX and TSX-listed Africa-focused gold mining company (both having assets in Africa) in exchange for the issue of shares and warrants in the Africa-focused company to our client's shareholders. The takeover was structured as a scheme of arrangement under Part 26 of the Companies Act 2006.

Advised a Chinese State-owned enterprise on its proposed acquisition of a metals powder manufacturer with a presence in nine countries from a U.S. private equity fund.

Acted for a mining and metals company listed on the Toronto Stock Exchange on the sale of its gold exploration assets in Eritrea to China’s state-owned Sichuan Road & Bridge Corporation for US$80 million in cash and debt. 

Represented a subsidiary of a specialty metals company in selling its closed-die forging business to a subsidiary of a Canadian private equity firm for approximately US$34.5 million.

Represented a Pennsylvania-based a producer of semi-finished and finished specialty-steel long products in an underwritten registered public offering of 1,408,163 shares of common stock at a public offering price of US$24.50 per share, or an aggregate public offering price of approximately US$35 million. The offering was a take-down from client's existing shelf registration statement.

Represented a mining fund in its investment in a Guernsey-registered company engaged in the exploration and development of gold properties in Senegal, Côte d’Ivoire, and Mali.

Represented an Idaho-based precious and base metals mining company in connection with an arrangement agreement pursuant to which our client acquired all of the outstanding stock of a publicly traded gold mining company incorporated in British Columbia with operating mines in Nevada.

Represented an Illinois-based world leader in diamond film manufacturing in the sale of substantially all of its assets to an innovator in applied engineering. Also assisted the client with certain governance matters.

Represented a Pennsylvania-based American industrial corporation in its negotiations with a Texas-based utility company for separation and settlement, winding down a 65-year-old joint venture for a lignite mining, electric power generation, and aluminum-smelting industrial complex in Rockland, Texas.

Represented an Indian fertilizer manufacturer in a US$40 million ICC arbitration seated in New York against a Japanese conglomerate over a Singaporean/Peruvian phosphate rock mining joint venture.

Acted for a South African gold mining and exploration holding company on its Offer for Subscription. The fundraising was complicated by the fact that the company was also listed on the AltX market of the Johannesburg Stock Exchange.  

Advised a subsidiary of an Indonesian mining company on the US$130 million project financing of a gold and copper mine by a syndicate comprising banks across multiple jurisdictions. 

Advised a Singapore company as borrower and developer regarding financing and development of a ferronickel smelter and with respect to financing secured with redeemable convertible bonds. 

Advising an independent Australian-owned mining company regarding its unincorporated joint venture arrangements and management contracts with respect to the a coal project in the Upper Hunter Valley, New South Wales, Australia, in advance of client's successful listing on ASX.

Advised a provider of mining services on its internal corporate restructuring in Singapore and the People's Republic of China.

Advised an Indonesian metals and mining company on its US$145 million engineering, procurement, and construction contract with a Japanese trading company for the construction of a 2X30MW coal-fired power plant in connection with the modernization and optimization of ferronickel smelters in Indonesia.