Welcome to KWM’s M&A in the City looking back at the first half of 2023
In this edition we look at the themes in a bumper few months for commodity and resources dealmaking in particular. We’ll also dive into schemes of arrangement, talk public M&A tactics and bring you the latest global soundings with a report from the International Bar Association’s M&A conference in New York.
IN THIS EDITION
Airhugs & Bearhugs, what do the latest target tactics mean?
It has been cliché in M&A to say Australia is a bidder’s market. But recent deals – successful and otherwise - suggest this is changing – and could mean public markets should strap in for more contested deal-making.
21 June 2023
Offering less to get more - harnessing the power of a scheme structure
In its acquisition of Pushpay by scheme of arrangement (governed by New Zealand law), the Consortium initially offered Pushpay shareholders NZ$1.34 per share. Whilst Pushpay only had one class of shares on issue, the shareholders were divided into 2 separate classes for voting purposes at the scheme meeting: (a) shareholders associated with the Consortium (holding 20.23% of Pushpay shares) (Consortium Class); and (b) all other shareholders (General Class).
21 June 2023
Schemes just got easier - Federal Court changes to documentation requirements
Fortunately the Federal Court has recently implemented changes which will reduce the documentation requirements for the typical scheme. While:
21 June 2023
The Global M&A mood – on the ground in New York for the International Bar Association’s M&A Conference
Anthony Boogert Nicola we’re just back from New York, let’s talk through the sentiment we're picking up among deal makers around the world, what people see as the reasons behind the recent slowdown in M&A, the expected catalysts to see it pick up again, and the reasons to be optimistic or cautious about the prospects for that.
21 June 2023
Takeaways from the Deal Talk podcast
Will Heath (WH) We're talking about two of the biggest announced public M&A deals of the year in Australia, and also globally - Newmont's acquisition of Newcrest, and Allkem's merger with Livent. We’ll talk about some of the themes and learnings.
21 June 2023