Davis Polk, Kirkland lead on Warren Buffett's $28bn Heinz acquisition
Davis Polk & Wardwell and Kirkland & Ellis are among a line-up of US firms scoring roles on the $28bn (£18bn) acquisition of food giant Heinz by an investment consortium. The deal, which is believed to be the biggest ever acquisition in the food industry and has been approved by Heinz's board of directors, will see the Pittsburgh company acquired by Berkshire Hathaway, which is owned by US billionaire Warren Buffett, and 3G Capital.
February 14, 2013 at 09:34 AM
3 minute read
Davis Polk & Wardwell and Kirkland & Ellis are among a line-up of US firms scoring roles on the $28bn (£18bn) acquisition of food giant Heinz by an investment consortium.
The deal, believed to be the biggest-ever acquisition in the food industry, will see the Pittsburgh company acquired by Berkshire Hathaway – which is owned by US billionaire Warren Buffett – and 3G Capital.
The transaction, which will see Heinz shareholders receive $72.50 in cash per share, will be financed through a combination of cash provided by Berkshire Hathaway and affiliates of 3G Capital plus debt financing from JP Morgan and Wells Fargo.
Davis Polk has secured the lead role for Heinz, while Wachtell Lipton Rosen & Katz is advising Heinz's board of directors, which has also turned to financial adviser Moelis for advice.
Davis Polk's team includes corporate and competition partner Arthur Golden, corporate head John Bick, corporate partners Michael Davis, James Florack and Kyoko Takahashi Lin, tax partner Kathleen Ferrell, capital markets partner Michael Kaplan and antitrust partner Ronan Harty.
Wachtell's team includes finance partner Edward Herhily and corporate partner David Shapiro.
Meanwhile, Chicago firm Kirkland is representing 3G Capital on the acquisition, with California firm Munger Tolles & Olson leading for Berkshire Hathaway. The firm, whose team is headed by M&A partner Bob Denham, is a regular adviser to Buffett.
Kirkland's team is led by New York corporate partners Stephen Fraidin, William Sorabella and David Feirstein, alongside debt finance partner Jay Ptashek, capital markets partners Joshua Korff and Michael Kim and corporate partners Christopher Torrente and Washington DC-based Daniel Michaels.
Other Kirkland partners involved in the deal include executive compensation partner Scott Price, tax partners Greer Phillips and Steven Clemens, private funds partner Andrew Wright, Washington DC competition partner Mark Kovner and litigation partner Peter Doyle.
Fraidin and Sorabella previously led the firm's team advising 3G on its $4bn (£2.6bn) takeover of Burger King in 2010.
The Heinz deal is subject to approval by shareholders and regulators, and is expected to close in the third quarter of 2013.
Heinz chairman, president and chief executive William Johnson said of the deal: "With Heinz stock recently at an all-time high and 30 consecutive quarters of organic topline growth, Heinz is being acquired from a position of strength.
In Europe Heinz has previously worked with law firms including Clifford Chance, which advised on the disposal of its seafood business to Lehman Brothers in 2006 and its takeover of HP Foods in 2005, Herbert Smith and Eversheds.
The company also has links with the likes of Allen & Overy, DLA Piper and Wragge & Co, as well as Slaughter and May, which advised the company on antitrust matters connected with the HP foods acquisition.
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