News (#1-2 January-February 2021)


EVERLEGAL advised Novopecherska School on EUR 10 million loan

EVERLEGAL acted as legal counsel for the Novopecherska School in relation to a loan agreement with the Black Sea Trade and Development Bank (BSTDB) for the amount of up to EUR 10 million for the construction of a school in the UNIT.City innovation park.
The team supported the process of attracting funding for Novopecherska School at all stages of negotiations and execution of transaction documents. The firm also provided comprehensive legal support to the school in the process of BSTDB conducting the due diligence procedure.
The EVERLEGAL project team was led by Andriy Olenyuk, partner, and consisted of lawyers Olha Horodniuk, Vasylyna Belo and Ivan Sova.

Sayenko Kharenko represented Zhejiang Longda Stainless Steel Co., Ltd

Sayenko Kharenkos international trade practice team has successfully represented Zhejiang Longda Stainless Steel Co., Ltd in a sunset review of anti-dumping measures applied to imports of seamless stainless pipes coming into Ukraine.
Sayenko Kharenko has represented the interests of the client at all stages of the investigation, including drafting commentaries on application of the review initiation, submitting answers to a questionnaire, drafting commentaries to the questionnaire at the request of the domestic industry as well as on preliminary determination.
Following the results of the review, the international trade team has managed to prove that there had been no dumping margin from the side of Zhejiang Longda Stainless Steel Co., Ltd (the dumping margin ranged from minus 3.55% to minus 9.95% depending on the method of calculation).
As a result, price undertakings acceptable to the client have been extended for the next 5 years.
Associate Tetiana Tanchyn worked on the project under the supervision of partner Anzhela Makhinova.

Asters and INTEGRITES advised on convertible loan from IFC to Ukrgasbank

Asters acted as Ukrainian law counsel to the International Finance Corporation, a member of the World Bank Group, in connection with a EUR 30 million loan to Ukrgasbank, as it seeks to boost financing of sustainable energy and energy-efficient projects, including those developed by small and medium-sized enterprises.
This deal is the first significant step made by the government in attempting to launch a full-scale privatization of state banks which falls within the recently adopted strategy for privatization of state banks and appears to be a part of the governments commitments under the IMF Stand-By Arrangements.
Asters banking and finance team advising on the project consisted of partner Iryna Pokanay, counsel Gabriel Aslanian and associates InnaBondarenko and Viktoria Zagreba. Asters antimonopoly team consisted of partner Igor Svechkar, counsel Sergiy Glushchenko and associate Olena Gadomska.
INTEGRTES has advised the Ministry of Finance of Ukraine and JSB Ukrgasbank. The firms team advised as Ukrainian law counsel on all aspects of the transaction, including loan agreement, implementation agreement, and other transaction documents underlying the conversion of a loan into share capital. The scope of mission also included comprehensive advice on the share conversion mechanics, corporate governance, and state aid law.
The team was led by partner and head of banking and finance Igor Krasovskiy and partner and head of corporate and M&A Illya Tkachuk, with significant support from senior associates Olena Savchuk and Inna Kostrytska. Partner and head of antitrust and competition Serhii Shershun and associate Mykola Boichuk advised on state aid law.
White & Case, led by partner Christopher Czarnocki, advised the Ministry of Finance and Ukrgasbank on the English law aspects of the transaction.

Asters advised Smart Holding on the sale of Unex Bank

Asters acted as a legal counsel to Withine Investments LTD (Cyprus), a subsidiary of Smart Holding, one of the largest industrial and investment groups in Ukraine, on the sale of JSC UNEX BANK to Dragon Capital Investments Limited (Cyprus) and Ivan Svitek.
The parties plan to close the deal in the first quarter of 2021. The transaction documents are currently being approved by the National Bank of Ukraine. The Antimonopoly Committee of Ukraine has already cleared the deal.
The Asters banking and finance practice team advising on the project consisted of senior partner Armen Khachaturyan and senior associate Maksym Tereshchuk.

Baker McKenzie advised IKEA

Baker McKenzies Kyiv office has advised IKEA, a Swedish multinational conglomerate that designs and sells furniture, kitchen appliances and home accessories, on the launch of its first store in Ukraine.
The Baker McKenzie team has been supporting IKEA ever since the very inception of the Blockbuster Mall project in May 2019. The firms lawyers conducted a legal due diligence, drafted and negotiated lease documentation tailored for the clients retail business and new city store concept, and assisted with various legal issues arising on the road to the stores opening.
Baker McKenzies project team was led by partner Lina Nemchenko with key input from associate Elmaz Abkhairova.

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