Search results for

The Saudi Yanbu petrochemical company (Yanpet) has made its first drawing from a US$2.2 billion senior debt facility provided by a group of over 30 international and regional banks. The transaction sets new benchmarks for limited recourse bank financings, achieving a low lending margin and flexible borrowing terms. The principal difficulty in accessing project finance is seen to be the complexity and cost of the transaction. Many jurisdictions simply do not have the legal framework to support the level of contractual certainty or the granting of security at the heart of project financing techniques. The Yanpet project overcame these issues and demonstrated that thoughtful structuring and allocation of traditional risks (eg completion, market volatility, supply and operating risks) can lead to effective execution of even the largest transaction.

UK brewing and leisure group Bass agreed on February 20 to buy Inter-Continental Hotels and Resorts for £1.78 billion (US$2.9 billion). The acquisition gives Bass a leading global position in the luxury hotel market and complements its mid-market Holiday Inns operation. Under the deal, by which it beat its rival, US hotel group Marriott International, Bass will pay US$1.4 billion in cash, repay US$450 million in debt, and assume a further US$1.1 billion in debt. If US and EU regulators approve, the takeover could be completed by March 31. Davis Polk & Wardwell, New York, advised Bass in the US; the team included corporate partners Paul Kingsley, Patrick Dore, and Michael Mollerus. UK counsel was Linklaters & Paines, London, led by corporate partners David Cheyne and Christopher Johnson-Gilbert. Representing Inter-Continental Hotels and Resorts, and its owner, the Saison group of Japan, was US firm Cleary, Gottlieb, Steen & Hamilton, New York. UK counsel was Stephenson Harwood in London.

In February, the Singapore government unveiled its budget for 1998. Highlights of the budget for businesses include:

UK retail group WH Smith has sold its Waterstones book chain to a joint venture between UK's EMI Group and US Advent International for £300 million (US$495 million) in cash. The company, known as HMV Media Group, will also acquire EMI's HMV music retail group and Dillons bookshops. It is expected to rank as one of Europe's leading retailers of books, music, computer games and videos. Linklaters & Paines, London, advised WH Smith. Lead partner was corporate specialist Mark Stamp. Also involved were partners Ian Karet (intellectual property) and Bill Allan (competition). Titmuss Sainer Dechert, London, provided property advice to WH Smith.

• In London, US firm Akin, Gump, Strauss, Hauer & Feld has poached three lawyers from US rivals in the city. Kaamil Ansar, Andrew Thomas and Elisha Flax are being hired to expand the firm's London project finance team. Ansar, a dual-qualified project finance specialist, joins the firm as partner from Jones, Day, Reavis & Pogue. Thomas and Flax, both UK solicitors, join as counsel and associate from Chadbourne & Parke. • US firm Winthrop, Stimson, Putnam & Roberts has also added to its project finance team two partners from rival New York firm Verner, Liipfert, Bernhard, McPherson and Hand. Roy Bowman and Douglas Ochs Alder will join the firm's Washington DC office. Bowman was a shareholder in Verner, Liipfert and chaired the firm's international transactions and trade practice. The firm has also poached project finance partner Jay Fortin from Watson, Farley & Williams.

UK firm Nabarro Nathanson has strengthened its presence in Paris. Partner and qualified avocat Frank Lipworth will set up his own firm, Cabinet Lipworth, which will operate as a Nabarro affiliate. The practice will concentrate on non-contentious commercial work with a view to breaking into the lucrative mergers and acquisitions market. Lipworth will work alongside Myriam Smith, a French avocat, using the office as a service post for Nabarro's London clients.

US firm Davis Polk & Wardwell is representing Aetna in its acquisition of New York Life Insurance. New York Life is being advised by Skadden, Arps, Slate, Meagher & Flom, New York. Aetna has agreed to pay an initial US$1 billion in cash for New York Life, with contractual payments of up to US$300 million if earning targets are met. The Davis Polk & Wardwell lawyers who are working on this deal include corporate partners Lewis Kaden, David Caplan and tax partner Po Sit. In New York, Skadden Arps's team includes mergers and acquisitions partners Jeffrey Tindell and Robert Sullivan. Also in New York are partners Michael Weiner (antitrust), Stuart Levi (IP) and Neil Liff (employment). In Chicago, Louis Freeman is handling the tax issues.

Partners at UK law firm Wilde Sapte have voted to join the Arthur Andersen legal network. A heads of agreement document will be signed by early April. In London, Wilde Sapte will merge with Garretts, Andersen's existing UK firm. Andersen has been searching for a partner in the UK to bolster Garretts, and is understood to have approached other UK firms including Simmons & Simmons and Lovell White Durrant. It is likely Wilde Sapte's foreign offices will merge with Andersen's global network (which includes some 950 non-tax lawyers; see International Financial Law Review November 1997, page 25), although there is doubt over the future of the firm's Paris office. The managing partner of Wilde Sapte's office in France, Thomas McDonald, left SG Archibald in protest when it linked with Andersen. McDonald declines to comment.

English law recognizes both legal interests (eg the interest of a registered holder of shares) and equitable interests (eg the interest of a beneficiary in shares held on his behalf under a trust). Although the High Court has had jurisdiction to enforce rules of both common law and equity for over 120 years, whether a rule has its origins in law or equity may be significant now. Two recent decisions of the Court of Appeal demonstrate this.

So far, branches have been the most popular way for banks and finance companies to enter the Chinese market. But joint ventures offer an attractive alternative. By Philip Gilligan and Steven Blayney of White & Case, Hong Kong