Clifford Chance advises on MMG’s Dugald River US$1 billion project financing

Leading international law firm Clifford Chance has advised China Development Bank Corporation (CDB) on a 13-year debt facility agreement of up to US$1 billion to finance MMG’s Dugald River project, which involves the development and construction of a zinc, lead and silver mine located in north west Queensland, Australia. The Firm advised on the English, Hong Kong and Singapore law aspects of the financing transaction.

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IP Partner Scott Palmer Joins Sheppard Mullin Beijing

Scott J. Palmer has joined Sheppard, Mullin, Richter & Hampton LLP as a partner in the firm’s IP practice group, based in the firm’s Beijing office. Palmer joins from Baker & McKenzie in Beijing, where he led that firm’s IP practice in Beijing. He will be supported by a full team of IP professionals in Sheppard Mullin’s Beijing and Shanghai offices.

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Simpson Thacher Represents Danone in Formation of Joint Ventures with Mengniu and COFCO

Simpson Thacher is representing Danone Asia Pte. Ltd. (“Danone”) in connection with the formation of joint ventures with Inner Mongolia Mengniu (Group) Co., Ltd. (“Mengniu”) for chilled yoghurt and related products in China. Mengniu will own an 80% equity interest and Danone 20% in the joint ventures. The joint ventures are subject to customary closing conditions, including obtaining anti-monopoly clearance and other regulatory approvals. In addition, an affiliate of Danone will form a joint venture with an affiliate of COFCO Corporation (“COFCO”), the largest shareholder of China Mengniu Dairy Company Limited (“Mengniu Listco”), a Hong Kong listed company and the parent of Mengniu. COFCO will transfer its holding of 8.33% of the outstanding shares of Mengniu Listco to the joint venture and Danone, by subscribing to 49% of the shares of the joint venture, will become an indirect owner of approximately 4% of the outstanding shares of Mengniu Listco. Danone will invest a total of approximately $420 million in the two transactions.

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Simpson Thacher Represents Mining Machinery Limited in Resolution of Outstanding Issues with Caterpillar, Inc.

On May 16, 2013, Simpson Thacher client Mining Machinery Limited (“MML”) and Caterpillar, Inc. resolved all outstanding issues arising out of Caterpillar’s June 2012 acquisition of Zhengzhou Siwei, a leading manufacturer of hydraulic roof supports used in the mining industry in China. After it acquired Siwei, Caterpillar alleged that it had uncovered deliberate accounting misconduct and recorded a $580 million goodwill impairment charge in the fourth quarter of 2012. Simpson Thacher represented Emory Williams and John Lee, former directors of Siwei’s parent company and two of the leading entrepreneurs in China, and MML and James Thompson III, two other parties with an interest in the settlement, in responding to Caterpillar’s allegations. The parties have now entered into an agreement under which they exchanged releases, certain payments owed by Caterpillar were reduced, and an entity affiliated with MML has been given the right to purchase certain assets from Caterpillar. In addition, Caterpillar publicly stated that it had found no evidence that any of Simpson Thacher’s clients had engaged in any accounting misconduct.

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Clifford Chance Advises on China Galaxy Securities US$1.07 Billion IPO

Leading international law firm Clifford Chance has advised the 21 joint bookrunners* on China Galaxy Securities US$1.07 billion IPO on the Hong Kong Stock Exchange. Joint global coordinators for the deal were Goldman Sachs, JP Morgan, China Galaxy International Securities Hong Kong Limited, ABCI Capital Limited and Nomura. The company sold approximately 1.6 billion H shares at HK$5.30 each.

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