Marc Yudaken is a partner in Baker McKenzie's Corporate Mergers and Acquisitions (M&A) Practice Group in Johannesburg, South Africa, and a member of the Global EMI Industry Group.
Marc's practice focuses on the following areas of expertise:
- Inbound and outbound cross-border transactional work into and out of Africa as well as various developed markets around the world, such as the UK, Europe and the USA, with particular focus on private equity and energy and infrastructure transactions, specifically the acquisition and sale of energy, oil and gas, mining, chemical and infrastructure projects.
- Assisting local South African and international investors in offshore markets such as Europe and the USA with M&A transactions in the renewable and energy sector.
- Advising domestic and international clients in the resources and energy sectors on joint venture arrangements, regulatory matters and corporate reorganisations, specifically related to the first-in-kind projects associated with the South African government's Renewable Energy Independent Power Producers Procurement Programme.
- Private equity transactions in Africa, Europe and the USA (in both the establishment of private equity funds as well as advising on transactional work for the acquisition and disposal of portfolio assets).
- General public and private M&A with a particular specialty in representing listed mining houses with public and private M&A transactions.
- Equity capital markets, once again in South Africa and other offshore jurisdictions.
Representative Legal Matters
- Advised 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 Bidvest Group Limited 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 ArcelorMittal South Africa Limited regarding its disposal of a 50% interest in Macsteel International Trade Holdings Limited to MacSteel Global, worth approximately USD 220 million.
- 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 Emerging Capital Partners (ECP) Africa Fund 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 Accenture South Africa (Pty) Ltd, a leading global professional services company, 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.
- Advised Consolidated Infrastructure Group on its acquisition of 100% of the shares in Conlog (Pty) Ltd from Schneider Electric SE for an aggregate consideration of approximately ZAR 850 million.*
- Advised CITIC on the CAD 723 million acquisition of a 19.9% stake in Ivanhoe Mines Ltd.
- Advised Emerging Capital Partners (ECP) 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 Annuity Properties Limited on the schemes of arrangement proposed by the Annuity Board between Annuity Properties Limited and Annuity Linked Unitholders in their capacity as Annuity Debenture Holders and Annuity Shareholders, in terms of which Redefine Properties Limited acquired all of the Scheme Linked Units in consideration for approximately 58 Redefine Linked Units for every 100 Annuity Linked Units held (transaction value: approximately ZAR 1.2 billion).*
* Experience obtained prior to joining Baker McKenzie
Professional Associations and Memberships
- Law Society of South Africa - Member
- South Africa (2008)
- (LL.B.) (2005)
- (B.Com.) (2003)