Mergers and Acquisitions

The Firm has cast iron experience in Merger & Acquisitions “M&A” having worked for major Indian and multinational corporations and is rated as the best by various reputed International legal journals. The firm advises its clients on all aspects of M&A.

We have a dedicated core team of experts selected for providing the requisite services with the right mix of expertise and experience, which ensure that our services are of the highest quality. Our core M&A Practice Group is assisted by experts from other related key areas such as employee benefits, environmental regulation, antitrust, intellectual property, real estate and tax. Experienced and competent staff with specialised knowledge and expertise supports these professionals.

Besides dedication to work, counsels at FM endorse high quality of work, and provide prompt and integrated service to the clients based on their needs and requirements. Besides the other corporate issues, FM counsels have handled major M&A matters in the wake of liberalisation policy in India. This has involved undertaking of extensive assignments encompassing the following-

Due Diligence- FM counsels have conducted extensive Due Diligence, both from legal and financial perspectives, in order to ascertain the assets and liabilities of the target company, based on its published and the provisional accounts of the subsequent period. Visited Data rooms set up by the target company, reviewed the necessary transactional documents, and prepared comprehensive reports thereon.

Risk Analysis- FM counsels have varied experience in advising clients about the risks involved- legal, financial as well as commercial risks in the proposed transaction. This involves the ascertainment of any contingent liabilities, pending litigation, incomplete documentation or reporting, any pending commitments of the target company not recorded in the books of accounts etc.

Approval from the High Court- FM has a dedicated litigation team with expertise in drafting Scheme of Amalgamation and the team also has wide experience in getting the same approved from the concerned High Court.

Elimination of Risks- FM counsels also have expertise in suggesting remedial measures and/or steps to rectify the shortfall or deficiencies on the part of the target company, in complying with the statutory requirements.

Documentation- Counsels at FM have extensive experience in structuring and negotiating the relatively complicated documentation involved in M&As. We have vast experience in formation of companies- private as well as public and we have formulated and drafted various documents like the Articles of Association, Memorandum of Association, Technology Transfer Agreements, Shareholders Agreement; Joint Venture Agreement etc.. The Firm also provides requisite legal support in negotiating and finalisation of the documents required to close the deals. The Firm has a team of experts who negotiate and provide requisite legal support in closure of the transactions, including reviewing and advising on closing documents.

Permissions and Approvals- FM advises its clients on the requisite approvals and permissions under the prevailing corporate laws, and assists the clients in processing the same with the concerned bodies viz. RBI, FIPB & seeking sector specific approvals.

Tax Issues- FM’s core M&A team also includes tax experts to advise the clients on tax planning and other related issues.

Post Closing Compliances- We also provide advise with respect to post closing compliance including drafting & filing of the necessary documents before the concerned Registrar of Companies, the FIPB and in case of requirement sending intimations required under the various contracts.

Management Issues- FM has varied experience in advising the clients on the method and extent of investment, methods of acquiring management control, representation on Board and management etc.

The Firm has utmost stringent rules with respect to conflict of interest and confidentiality issues.

Fox Mandal has advised on the following deals: -

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Advised Ascott International, Singapore in relation to its joint venture with Rattha Group, Chennai on construction, development, operations and management.

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Advised Fortune Brands, USA in relation to the acquisition of Allied Domecq Spirits and Wines, India.

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Advised Alcatel-Lucent, the US-French telecom equipment supplier for their Joint Venture with Reliance Communications, to provide network services to telecommunications operators, both CDMA and GSM.

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Legal advisor to US based Vornado Realty Trust, one of the largest owners and managers of real estate in USA, with respect to its 50:50 joint venture worth approximately USD 500 million with Mukesh Ambani led Reliance Industries to set up real estate development projects including malls and shopping centres.

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Legal advisors to DLF Limited for the Integration of DLF group companies. The firm is advising on various aspects of the applicable laws of India.

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Advised Bayer AG in respect of all legal aspects pertaining to the acquisition of its Diagnostic business by Siemens AG in India as part of worldwide acquisition of the said business.

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Advised Croda International PLC, UK with respect to legal aspects pertaining to the acquisition of ICI’s Uniqema Business in India as part of worldwide acquisition of the said business.

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On behalf of Citigroup towards its acquisition and subscription of equity of Noida Cyberpark Pvt. Ltd. and various other projects.

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Advised Novelis on its acquisition by Hindalco, an Indian aluminium major.

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Advised one of the world’s largest (US based) publishing companies LexisNexis in acquiring a large law books and journals publishing business (Wadhwa Nagpur) in India.

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On behalf of J.P Morgan Securities Asia Pacific Ltd. in setting up the JV Co. to develop condominium, serviced apartments complex in Mumbai.

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Advisors to Tyco Group in its acquisition of an Indian company.

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On behalf of Praxair India Pvt. Ltd. (a subsidiary of Praxair Inc.) in relation to acquisition of industrial gas units from Hindustan Gas & Industries Ltd. in various parts of India.

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On behalf of Mitsubishi Corporation and Howa Mining Machinery Company in relation to a proposed acquisition of a textile machinery unit.

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Merger of Polygram and Seagram

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On behalf of Metlife Corporation an acquisition of an Asset Management Company.

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Seagram - Vivendi - Canal Plus Merger

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Acted in the Sema Plc. and Schlumberger merger

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Advised in relation to the Chase Manhattan and JP Morgan Merger

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Merger of Tourism Finance Corporation of India and Tourism Advisory and Financial Corporation of India Ltd.

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Merger in Park Hotel Group

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Acted in the proposed deal between Indian Oil Corporation and Haldia Petrochemicals Ltd.

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Advised Overseas Chinese Banking Corporation (OCBC) in relation to its takeover of Kepple Bank

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Advised a large German Conglomerate Thyssen Krupp in its ventures in India

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Acted for Gunnebo (Sweden) for a takeover of an Indian Public Company 

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Advised AAFMcQuay in India

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Advised J. D. Edwards (Asia Pacific) Ptd. Ltd. on the acquisition of business in India

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On behalf of Invensys India Pvt. Ltd. (a subsidiary of Invensys Plc) in relation to an acquisition of a thermostat unit from Voltas Ltd. in Pune.

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On behalf of TT Group Plc. in relation to an acquisition of Soft-Ferrite Unit from EID Parry Ltd. in Chennai. 

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On behalf of Howden-Sirocco Ltd. of UK in relation to a proposed privatization of an Industrial Fan Manufacture Unit in Calcutta.

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Merger of Siebe Plc. and BTR Plc.

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On behalf of Cypress Semiconductors Inc., US in relation to its acquisition of Indian Companies.

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On behalf of Metro Media Technologies Inc., USA with regard to acquisition of a company in India and also as corporate advisor to their Indian subsidiary.

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Trinity Industries Inc., USA: advised in relation to proposed ventures in India.

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Invensys Plc. and Cooper Tires Plc. advised in relation to its various ventures in India.

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Invensys Plc. and Trelleborg AB.

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Invensys and Citibank Venture Capital.

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Ingram Micro Inc., US: advised in relation to increasing its stake in the Indian venture.

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Advised in relation to IBP Disinvestment

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Merger in “Priyagold” Biscuits Group

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Pioneer International Ltd., Australia: advised in relation to their acquisition of Fletcher Challenge Concrete Industries (I) Private Limited in India.

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Advised Sika Finanz AG in relation to a large acquisition in India.

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Acted in the Tokai Bank and Sanwa Bank merger.

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Advised GMR Group of Companies on mergers among the group companies.  

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Assisted SWORD Group, France in their acquisition in India, including carrying out a legal due diligence.

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Legal representation for Marathon Power Company, U.S.A., a major US power company proposing to acquire 100% of the issued and paid up share capital of a 515MW Essar power project in Hazira in Gujarat. Involved in drafting of necessary representations and warranties, drafting of Put and Call Agreements, Escrow Agreements, Share Acquisition Agreement, review of corporate records and project documents of the Power Plant including Disclosure Schedules, PPA, EPC Contract and O&M Contract. 

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Represented a foreign investor proposing to invest in India’s first private water treatment and supply and waste water treatment project in Tamil Nadu which involved detailed due diligence review of draft project documentation and in depth study of local municipal laws of Tamil Nadu, rules, regulations and bye-laws along with advise on the corporate issues, dispute resolution mechanism.

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Advised a US based Funding Group in its proposed acquisition of an operating wind power project in Maharashtra and in this regard advise on tax treatment on import of machinery and equipment. Additionally, also advised Funding Group in connection with its investment in two renewable energy projects and strategies for efficient structuring of investments to maximize control in these entities.

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Represented a multi national package delivery company and a leading global provider of specialized transportation and logistics in its India related operations and in filing and obtaining the necessary regulatory approvals including approvals from the Foreign Investment promotion Board, RBI etc. Also advising on an ongoing basis the applicable import and export tariff and duties under the import export regulations in India.

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Represented Malaysia’s Faber Group in negotiating a joint venture in India with Nasals Group in healthcare facilities management. Faber Group has acquired 51% equity in the joint venture company. In this regard, we reviewed and drafted necessary agreements for the acquisition. 

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Represented Unitech Limited, the leading real estate developer in the NCR Region. We assisted them in negotiating a hospitality project, with a multinational hospitality company for the purpose of assigning operational and management rights to a multinational hotel management company. In this regard, we reviewed and drafted necessary agreements in order to effectively pass on the operation and management rights to the foreign company.

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Represented EMAAR MGF Land Pvt. Ltd, a joint venture company of EMMAR Properties U.A.E and the leading real estate construction company in the NCR Region, in its hospitality project. We were involved in reviewing, drafting of necessary project documents for the proposed hospitality project in various parts of India and obtaining necessary approvals from the regulatory authority (ies).

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Represented India China Pre-IPO Equity (Mauritius) Limited in acquiring a 40% equity in Tessolve Services Private Limited., a company engaged in the business of providing world class and cost effective solutions for test development, failure analysis and reliability test for semi conductor companies. In this regard, we were involved in the Legal Due Diligence of Tessolve Services Private Limited, structuring of the transaction, drafting of the Investment Agreement and subscription Agreement and conducting negotiations for India China Pre-IPO Equity (Mauritius) Limited.

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Represented Spice Energy Pvt. Ltd. in successfully acquiring Hitkari Fibres Limited, a public listed company in India. In this regard, we assisted our clients in drafting the Due Diligence Report, in structuring of the transaction, conducting negotiations in order to effectively pass on the operation and management rights to Spice Energy and carrying out compliances under the provisions of SEBI Act.

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Represented Spice Energy in acquiring 14.5% stake in CALS Refineries Limited, a public listed company engaged in the business of Refineries of petroleum products, crude oils and all kinds of mineral oils and gases. In this regard, we reviewed and drafted necessary agreements, prepared the due diligence report, structured the transaction and conducted the negotiations for Spice Energy.

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Advised Renold, a leading global manufacturer of industrial chains in relation to its joint venture with L. G. Balakrishnan & Bros. Limited and acquisition of industrial chain division of L. G. Balakrishnan & Bros. Limited.

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Advised Veyance Rubber India Private Limited (subsidiary of a Carlyle Group company) in relation to acquisition of engineered products division of Goodyear India Limited as part of a global acquisition of engineered products division of Goodyear Tyre & Rubber Co. by Carlyle Group LLC

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Represented Baader Beteiligungs GmbH a Germany Company in acquiring 51% shareholding in Parsoli Motor Works Private Limited, a company engaged in the business of acting as dealers for BMW Cars in India. Baader’s subscription for the additional equity share capital in Parsoli Motorworks was for a total consideration of EUR 2,000,000 (Two Million Euros Only) (approximately Rs. 112.47 Million). We assisted Baader Beteiligungs GmbH in obtaining regulatory approvals for setting up business operations in India, drafting and negotiations of the Joint Venture Agreement and other allied agreements. 

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Represented Baader Beteiligungs GmbH a Germany Company in acquiring 99% of the total issued, subscribed and paid-up capital of Parsoli Infrastructure, a company engaged in the business of development of commercial properties, site development and setting up of infrastructural and real estate projects. Baader’s subscription for the additional equity share capital in Parsoli Infrastructure was for a total consideration of EUR 5,000,000 (Five Million Euros Only) (approximately Rs. 277.4 Million). We assisted Baader Beteiligungs GmbH in obtaining regulatory approvals for setting up business operations in India, drafting and negotiations of the Joint Venture Agreement and other allied agreements.

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We assisted Meadville group in the acquisition of Aspocomp India. Meadville group had acquired 100% equity of Aspocomp India Pvt. Ltd.  

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Represented Spice Gas Pvt. Ltd. in the acquisition of 51% equity in BND Gas Pvt. Ltd. which is carrying out business of LPG stations in India. In this regard, we reviewed and drafted necessary agreements, prepared the due diligence report, structured the transaction and conducted the negotiations for Spice Gas.

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Assisted Stellar Information Systems Limited, a software company in data recovery services in acquiring 100% of the total issued, subscribed and paid up equity share capital of RSE Data Recovery Services B.V., a Company incorporated under the laws of Netherlands. In this regard, we were acting as the lead counsel and along with the legal counsel in Netherlands, we assisted in drafting the Memorandum of Understanding, Share Acquisition Agreement, carrying out legal due diligence, negotiating the key contracts along with the foreign counsels.

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Advised STEC Inc., USA a leading global provider of solid state technologies and solutions in its acquisition of certain assets of Knowledge Quest Infotech Private Limited (KQI), a software development company based in Pune, India.

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Advised Protiviti Inc., U.S.A, a leading global risk and business consulting and internal audit firm on acquisition by its Indian subsidiary i.e. Protiviti Consulting Private Limited of certain assets in relation to the internal audit and risk consultancy practice of J.C. Bhalla and Company, a leading accounting firm.

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Conducted for the Sahara Group, a multi-jurisdictional legal due diligence of 21 companies (including companies of the EnSearch Group), in relation to certain investments and participating interests in oil blocks located in Australia, Georgia, Nigeria, India and Jordan. Perusal of all documents/agreements between the respective parties including farm out agreements, production sharing agreements, assignment agreements, approvals and various documents/correspondences issued by respective Government authorities. Drafting detailed due diligence report on all jurisdictions and advising on foreign exchange laws of India on various aspects of overseas direct investment.   

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A selective list of clients that Fox Mandal has advised on general / incidental corporate / commercial matters, including drafting and review of agreements and opinions: -
(1) Alcatel India Limited
(2) Ansal Housing & Construction Ltd
(3) Jindal Thermal Power Corporation (JTPC)
(4) Posco – India Private Limited
(5) I.T.C. Limited
(6) Citigroup
(7) Skoda Auto India Private Limited
(8) Kamath Group of Hotels
(9) Navratna Energy Cables Private Limited
(10) Saladino Continental Private Limited (Modi Group)
(11) Tata AIG
(12) Max New York Life insurance Co. Ltd. 

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+91-120-430 5555
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