Photo, Marc Yudaken

Marc Yudaken

Partner
Baker & McKenzie

Biography

Marc Yudaken is a partner in Baker McKenzie's Corporate and M&A Practice Group in Johannesburg.

Practice Focus

Marc focuses on mergers and acquisitions, private equity, corporate reorganizations and restructurings, general corporate finance, and empowerment transactions. He handles matters related to South Africa’s Medical Schemes Act and Long Term Insurance Act. He has also worked with the country’s Takeover Regulation Panel.

Representative Legal Matters

  • Advised ArcelorMittal South Africa Limited regarding its disposal of a 50% interest in Macsteel International Trade Holdings Limited to MacSteelGlobal, worth approximately USD 220 million.
  • Bidvest Group Limited:
    • Advised on its acquisition of PHS Group, the number one hygiene service provider in the United Kingdom, which also holds top positions in Ireland and Spain (transaction value: ZAR 9.1 billion).
    • Advised Bidvest on its acquisition of all the shares in the issued share capital of Amalgamated Appliance Holdings Limited, implemented by way of a scheme of arrangement.*
    • Acted for the company regarding its disposal of 25.001% of its interest in Yeastpro to Rymco as well as its entry into a supply agreement with Rymco.*
  • Advised CITIC on the CAD 723 million acquisition of a 19.9% stake in Ivanhoe Mines Ltd.
  • Advised ECP Fund Africa IV LLC on its proposed acquisition of 95.36% of the shares in Burger King South Africa (RF) (Pty) Ltd and 100% of the shares in Grand Foods Meat Plant (Pty) Ltd from Grand Parade Investments Ltd.
  • Advised Emerging Capital Partners Fund IV LLC, a private equity firm based in Washington, DC on its acquisition of a 49% interest in ACLS Holdings Proprietary Limited (ACLS). The acquisition was effected by means of a sale of shares from the existing shareholders of ACLS to ECP's investment vehicle, Tech Logistics Holdings (incorporated in Mauritius).
  • Advised Engie Afrique SAS:
    • Regarding a potential joint venture. The JV focused on the installation and maintenance of solar PV projects in the commercial and industrial space in South Africa, Zimbabwe, Kenya and potentially Senegal, Ivory Coast and Ghana.
    • Regarding its potential acquisition of a 40% equity stake in Western Power Company, the developer of a 180 MW hydroelectric power project at Ngonye Falls on the Zambezi River in Zambia that is expected to sell electricity to the national utility, Zambia Electricity Supply Corporation, under a long-term PPA.
  • Advised Engie Southern Africa regarding its acquisition of a 40% equity stake from Abengoa in the 100 MW Xina Solar One CSP plant, as well as 46% of the O&M company, located in the Northern Cape province in South Africa. The work includes due diligence activities, review of nonbinding and binding offers, negotiation and drafting of agreements including SPAs and SHAs.
  • Advised Impala Platinum Holdings Limited:
    • Regarding its offer for an incentivized conversion of USD 250 million 3.25% convertible bonds due in 2022 into ordinary shares in Impala Platinum Holdings Limited.
    • Regarding its proposed acquisition of 100% of the issued and outstanding common shares in North American Palladium, a Canadian-based primary platinum group metals producer listed on the TSX and the US OTC market, for a total cash consideration of approximately ZAR 11.4 billion.
  • Advised Itochu Corporation and ITC Platinum on their participation and interest in the Platreef Project, a USD 1.2 billion mine development project in South Africa.
  • Pan African Resources PLC:
    • Advised the company on the ZAR 275 million proposed disposal for Uitkomst Colliery Proprietary Limited to Coal of Africa Limited.
    • Acted for the company in a transaction whereby Pan African Resources PLC disposed of all its shares in and claims against Phoenix Platinum Mining Proprietary Limited to the aforementioned Sylvania entities for a purchase price equal to ZAR 89 million.
  • Advised Accenture South Africa (Pty) Ltd on its acquisition of the King James Group, one of the largest independent creative agencies in South Africa. Our role included conducting the due diligence investigation, the preparation and negotiation of the share purchase agreement between the parties, and advising Accenture in relation to the South African merger control aspects of the transaction.

Professional Associations and Memberships

  • Law Society of the Northern Provinces - Member

Admissions

  • South Africa (2008)

Education

  • (LL.B.) (2005)
  • (B.Com.) (2003)

Languages

  • English