Ashurst is acting as the legal adviser to Asia Pacific Data Centre Group (APDC) in relation to 360 Capital Group's (360 Capital) A$224 million unconditional, off-market takeover offer for all of the stapled securities in APDC (APDC Securities) for A$1.95 cash per stapled security (360 Capital Offer).
The board of directors of APDC unanimously recommended that APDC securityholders accept the 360 Capital Offer in the absence of a superior proposal. On 6 November 2017, 360 Capital acquired a controlling interest in APDC pursuant to the acceptances under the 360 Capital Offer and on-market acquisitions. The 360 Capital Offer will close on 20 November 2017, unless further extended.
Ashurst also advised APDC in relation to NEXTDC Limited's (NEXTDC) A$215 million unconditional, off-market takeover offer for APDC Securities at A$1.87 cash per stapled security (NEXTDC Offer) which lapsed on 15 September 2017, with NEXTDC holding a relevant interest in APDC of 29.2%; and securityholder requisitions in relation to a change in responsible entity of the Asia Pacific Data Centre Trust.
The team was led by partner Phil Breden (Corporate) and included senior associate Andrew Kim and lawyers Simon Vose and Lee-Anne Yeo (Corporate); partner Vivian Chang and senior associate Sophia Kwok (Tax); with partner John Stawyskyj and lawyer Joy Yi (Real Estate).