Davis Polk – BMC Software, Inc. $750 Million Accelerated Share Repurchase Transaction

Davis Polk advised Morgan Stanley & Co. LLC in connection with a variable maturity accelerated share repurchase transaction it entered into with BMC Software, Inc., under which BMC will repurchase $750 million of its common stock. The total number of shares to be repurchased will be determined over a period that is expected to last no longer than approximately seven months.

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Tags:  Davis Polk & Wardwell LLP | New York

Morrison & Foerster Represents Equity Residential in Joint Agreement to Acquire Archstone’s U.S. Apartment Portfolio for $16 Billion

In the largest real estate deal this year, Morrison & Foerster LLP is representing leading residential real estate investment trust Equity Residential (NYSE: EQR) in a joint agreement with AvalonBay Communities to acquire a vast portfolio of U.S. apartment properties owned by Archstone. Equity Residential and AvalonBay are acquiring the portfolio from the Lehman Brothers estate for approximately $16 billion. The deal marks the largest real estate transaction since Blackstone Group’s $26 billion acquisition of Hilton Worldwide Inc. in 2007.

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Tags:  Morrison & Foerster LLP | New York

Shearman & Sterling Advises Jefferies on a $355 Million Refinancing

Shearman & Sterling advised Jefferies Finance LLC, as administrative agent, collateral agent, sole lead arranger and bookrunner, in connection with a $355 million refinancing and one-time dividend transaction, comprised of a $220 million first lien term loan, a $25 million first lien revolver, and $110 million second lien term loan facility, for P2 Energy Solutions, Inc., a portfolio company of Vista Equity Partners which provides software and data services to the upstream oil and gas industry.

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Tags:  Shearman & Sterling LLP | New York

Simpson Thacher Represents Carlyle in Raising $1.38 Billion Carlyle Energy Mezzanine Opportunities Fund

Simpson Thacher represented The Carlyle Group (“Carlyle”) in the establishment of the Carlyle Energy Mezzanine Opportunities Fund, L.P. (“CEMOF”), which primarily targets investments in projects and companies in the power generation and energy sectors requiring capital of $20 million to $150 million per transaction. Carlyle has announced that CEMOF raised approximately $1.38 billion of total commitments.

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Tags:  Simpson Thacher & Bartlett LLP | New York

Cahill Represents BofA Merrill Lynch in Notes Offering by Ainsworth Lumber

Cahill represented BofA Merrill Lynch as sole book-running manager and BMO Capital Markets, CIBC, HSBC, RBC Capital Markets, Scotiabank, and TD Securities as co-managers in connection with the Rule 144A/Reg S offering of $350,000,000 aggregate principal amount of 7.5% Senior Secured Notes due 2017 by Ainsworth Lumber Co. Ltd., a Canadian company. Proceeds from the offering and a concurrent rights offering will be used to refinance existing indebtedness.

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Tags:  Cahill Gordon & Reindel LLP | New York

Paul Hastings Represents Cowen and Company, CRT Capital and The Seaport Group in JW Aluminum Refinancing

Paul Hastings LLP represented Cowen and Company, CRT Capital and The Seaport Group as joint book-running managers in connection with the Rule 144A/Reg S offering of $200,000,000 of 11.50% Senior Secured Notes due 2017 by JW Aluminum Company, a manufacturer of specialty, flat-rolled aluminum products. Proceeds from the offering, together with amounts drawn at closing under JW Aluminum Company’s amended asset-based revolving credit facility, were used to refinance existing indebtedness.

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Tags:  Paul Hastings, LLP | New York