IFLR1000
Editie 2012
Banking & Finance
AKD has been working hard to occupy a bigger space in
banking. The firm is in the process of moving into to more
beneficially placed office in Amsterdam (for which it will share a
building with Deloitte) and it has been marketing to international
banks and US companies.
AKD, which has four offices in the Netherlands, was engaged on some
notable referrals and in fact it was referrals, the most recent of
which in January 2011 when Vincent Bettonville led a team to act as Dutch
counsel to Jones Day for Exide Technology on a €200 million credit
facility from a syndicate of banks led by Wells Fargo Capital
Finance.
Another notable deal saw closed in November 2010 when Bettonville
worked with Travers Smith to advise Benson Elliot Capital
Management on a €100 million loan from a syndicate of banks led by
Bank of America and Sumitomo Mitsubishi. Other referrals were won
from Macfarlanes and Foley & Lardner on high value revolving
and syndicated facilities for JDR Cable Systems and A.O. Smith from
international banks among them HSBC and Wells Fargo Bank,
respectively.
The firm's most standout deal as lead counsel saw Bettonville acted
for STMicroelectronics on a €350 million financing from the
European Investment Bank (EIB).
Capital Markets
Capital markets is not the particular strength of AKD
however it did clock in at least one good deal last year working as
local counsel. In January 2011 the firm, led by Vincent
Bettonville, acted as Dutch counsel to Jones Day for Exide
Technology on an issuance of senior secured notes. The notes
totalled €675 million and are due in 2018.
Dutch independent AKD is on the move. The firm is poised to take
up new premises in Amsterdam in a building it will share with
Deloitte, with which it has a good relationship, and in 2010 the
corporate team hired four additional partners (including former
Loyens & Loeff and Clifford Chance lawyers) and eight
associates.
"They are good at the heavy legal work, a very solid firm with a
detailed and thorough approach," says one client, while the
Deloitte connection is attractive to others: "they know how to find
international contacts and the Deloitte network could be very
useful if necessary".
The firm has been aiming to rise above its regional profile and
target international clients, US and German companies, and private
equity. Its Rotterdam office also gives is a useful shipping
profile, while its Eindhoven office has industry contact with
clients including Philips.
In its most standout deals, Matthijs Ingen-Housz led a team to advise Beins
Travel Group, shareholder of Cheaptickets, on the latter's merger
with BCD's online travel agency Vliegwinkel, Budgetair and
Vayama.
In December 2010 new Loyens & Loeff partner recruit Heimon
Smits and Vincent Bettonville advised on the Dutch
aspects of Dong Energy's sale of a 24.8% stake in Walney offshore
wind farms to a consortium comprising PGGM and Dutch Ampére Equity
Fund.
Erwin
Rademakers, Stefan Bais and Monique Verkuilen advised ABN AMRO
Participaties, Friesland Bank Investments and the management of
Triade Holding on takeover by Tech Data for €145 million in October
2010, while in May Carlos Pita Cao closed Grindrod Group's
takeover of ABC Group.
AKD has one of the biggest pools of restructuring and insolvency
lawyers in the country spread over three Dutch offices in
Amsterdam, Eindhoven and Rotterdam. Many of the lawyers also
specialise in corporate, M&A, real estate and construction. The
group earns its ranking especially for insolvency work. According
to one bankruptcy client it is "a very solid firm with a detailed
and thorough approach". The firm also acts as trustee on bankruptcy
cases.
In the firm's biggest case in 2010,
Barend de Roy van Zuidewijn acted as trustee in the bankruptcy
of Reggehuys Management and CEG Holding. Projects and real estate
company CEG has assets of €1 billion in 2007 throughout a hundred
subsidiaries in Eastern Europe and suffered major bankruptcies in
Lithuania and Latvia. The firm's efforts were to secure certain
assets of CEG.
The firm was also advising building company Akar in negotiations
with Rabobank, which decided to discontinue credit to the company
following its insolvency. Akar was then taken over by its
management. Paul
Peters also led a team to advise GMAC RFC on restructuring and
affiliates. A last standout deal saw the firm act for Deutsche Bank
on the enforcement of security rights by the European China Trade
Centre which could not fulfil its obligations and went into
bankruptcy.
Elsewhere, Marc
Goethals has been busy advising real estate clients, and the
firm picked up some mandates connected to the bankruptcy of the
Kroymans Group.