Deals & Cases
On December 5, 2019, Swisscom and Ajila announced that Swisscom acquired a substantial stake in Ajila Holding AG in order to underpin their long-term strategic partnership. Swisscom and Ajila from Sursee offer a comprehensive platform: "Digital Deals" is a cloud solution that enables the complete, legally compliant digitization of business processes.
Homburger advised the shareholders of Ajila Holding AG in the transaction. The Homburger team was led by partner Claude Lambert and included counsel Micha Fankhauser and associate Margrit Marti (all Corporate | M&A).
On November 20, 2019, CRISPR Therapeutics AG, a leading gene editing company based in Zug, Switzerland, focusing on developing transformative gene-based medicines for serious diseases based on its proprietary CRISPR/Cas9 technology, and each of Goldman Sachs & Co. LLC, Piper Jaffray & Co. and Jefferies LLC, as joint book-running managers, and each of Chardan Capital Markets, LLC, Oppenheimer & Co. Inc., BTIG, LLC and Roth Capital Partners, LLC, as co-managers, entered into an underwriting agreement relating to the public offering of 4,250,000 common shares at a price of USD 64.50 per share, before underwriting discounts. On November 26, 2019, the underwriters exercised in full an over-allotment option granted to them under the underwriting agreement to purchase an additional 637,500 common shares in CRISPR Therapeutics AG at the offer price. Comprising an aggregate 4,887,500 common shares in CRISPR Therapeutics AG, the gross proceeds from the offering, before deducting the underwriter discounts and commissions and other offering expenses, are approximately USD 315.2 m. The base offering closed on November 25, 2019 and the over-allotment option closed on December 2, 2019.
Homburger AG acted as legal counsel to Goldman Sachs & Co. LLC, Piper Jaffray & Co. and Jefferies LLC as the joint book-running managers and representatives of the several underwriters in the offering. The Homburger team comprised partner Frank Gerhard and associate Lorenzo Togni (both Corporate | M&A and Capital Markets).
On December 4, 2019, Amun AG (Amun), a Zug-based special purpose issuance vehicle of the fintech group Amun, successfully issued and listed a new Series of Products (Ticker: MOON) on the SIX Swiss Exchange. These Products are linked to the performance of the "Amun Sygnum Platform Winners Index". The purpose of this index is to track the financial performance of the largest native tokens of original protocols. The index reflects the trend towards blockchain protocols forming the basis of economic activity in future, while eliminating the risk of any individual protocol failing or being superseded by better technology. The Products are fully collateralized by the underlying components, at the time of launch consisting of Bitcoin (BTC), Ethereum (ETH), Eos EOS), Cardano (ADA), Neo (NEO), and Binance Coin (BNB).
Homburger advised Amun with respect to all aspects of Swiss law. The Homburger team was led by partner Benjamin Leisinger (Capital Markets) and comprised associate Urs Meier (Banking and Finance, Technology and Digital Economy) and paralegal Ganna Goncharova (Banking and Finance).
On October 29, 2019, Digital Realty Trust Inc. (NYSE: DLR) announced that it entered into a business combination agreement with InterXion Holding N.V (NYSE: INXN), a provider of data centre services based in the Netherlands.
Homburger acted as Swiss counsel to Digital Realty Trust Inc. and advised on all Swiss law aspects of the transaction. The Homburger team was led by partner Daniel Hasler, and included associates Marc Hanslin and Carlo Sulser as well as junior associate Gregor Schifferle (all Corporate | M&A).
On November 28, 2019, TEMENOS AG (the Issuer) successfully completed the issuance of CHF 220 m 1.50 % Bonds due 2025 (the Bonds). The Bonds are traded on the SIX Swiss Exchange.
Homburger acted as counsel to TEMENOS AG. The Homburger team included partners Dieter Gericke (Corporate | M&A) and Stefan Oesterhelt (Tax), as well as counsel Eduard De Zordi (Banking and Finance | Capital Markets).
On November 13, 2019, UBS Group AG (the Issuer) successfully completed the issuance of CHF 275 m 3.00 per cent. Tier 1 Capital Notes (the Notes). The Notes are "high trigger" regulatory capital instruments that are eligible to fulfill UBS Group AG's Swiss going concern requirements.
The Notes are governed by Swiss law, and have been admitted to trading, and application has been made for a listing of the Notes, on the SIX Swiss Exchange.
Homburger advised UBS with respect to all regulatory and transactional aspects of Swiss law. The Homburger team included partners Benedikt Maurenbrecher, Stefan Kramer (both Banking and Finance | Capital Markets) and Stefan Oesterhelt (Tax), as well as counsel Lee Saladino and associate Olivier Baum (both Banking and Finance | Capital Markets).
On November 13, 2019 and November 14, 2019, respectively, Amun AG (Amun), a Zug-based special purpose issuance vehicle of the fintech group Amun, successfully dual-listed several of its USD-denominated Exchange Traded Products (ETPs) on the BX Swiss. These products (Tickers: ABTC, AETH, AXRP, ABCH, ABNB and AXTZ) are linked to the performance of Bitcoin (BTC), Ethereum (ETH), Ripple (XRP), Bitcoin Cash (BCH), Binance Coin (BNB) or Tezos (XTZ), as applicable. On BX Swiss, the USD-denominated products will be quoted in Swiss Francs (CHF) – specifically allowing Swiss retail investors to invest and trade in CHF. Each product is fully collateralized by the respective underlying, which is stored with an independent custodian (Kingdom Trust or Coinbase, as applicable). These ETPs are the first ETPs listed on BX Swiss' new Exchange Traded Products segment and the first dual-listed ETPs in Switzerland.
Homburger advised Amun with respect to all aspects of Swiss law. The Homburger team was led by partners Benjamin Leisinger (Capital Markets, Banking and Finance) and Daniel Haeberli (Capital Markets, Technology and Digital Economy) and comprised counsel Eduard De Zordi, associate Urs Meier and paralegal Ganna Goncharova (all Banking and Finance).
On November 14, 2019, Amun AG (Amun), a Zug-based special purpose issuance vehicle of the fintech group Amun, successfully listed its new series of USD-denominated crypto-linked Exchange Traded Products (ETPs) on the SIX Swiss Exchange (Ticker: AXTZ) under its updated issuance program. As of the same date, the AXTZ ETPs are dual-listed and quoted in CHF on the BX Swiss.
The underlying asset of this series is Tezos (XTZ). The underlying assets are held by or on behalf of Amun through an independent custodian and serve as a reference for the value of the ETPs. They collateralize the respective series on a 1:1 basis. The Tezos (XTZ) serving as collateral are purchased on the open market or in direct purchases from designated primary sources of liquidity, including reputable authorized exchanges.
Homburger advised Amun with respect to all aspects of Swiss law. The Homburger team was led by partner Benjamin Leisinger (Capital Markets) and comprised associate Urs Meier and paralegal Ganna Goncharova (both Banking and Finance).
On October 4, 2019, Homburger's client entered into an agreement to acquire a large real estate portfolio in the Western part of Switzerland comprising 25 real properties located in three cantons through the acquisition of three companies owning the real estate portfolio. The transaction was closed on October 17, 2019.
The Homburger team in this transaction was led by partner Daniel Hasler (Corporate | M&A) and included partner Peter Riedweg (Tax), associates Olivier Bühlmann, Karin Mattle, Sarah Chevalley and Christophe Chatelanat (all Corporate | M&A), Stefan Gäumann (Real Estate), David Borer (Banking and Finance), Laetitia Fracheboud (Tax) and junior associate Nicolas Eckert (Corporate | M&A).
On November 4, 2019, IWG plc (LON: IWG) announced that it has agreed to sell Regus Holding GmbH, Zug, and its 38 flexible co-working locations in Switzerland, to a joint entity owned by private banking group J. Safra Group and real estate investor P. Peress Group. The sale is expected to be closed at the end of the month.
Homburger provides Swiss law advice to IWG plc. The Homburger team is led by partner Daniel Hasler (Corporate | M&A) and comprises partners Reto Heuberger (Tax), Gregor Bühler (IP | IT) and Franz Hoffet (Competition | Regulatory), associates Guy Deillon, Angela Oppliger, Marc Hanslin (all Corporate | M&A), and Jan Seltmann (Tax), junior associate Gregor Schifferle (Corporate | M&A), and paralegal Maria Braun (Corporate | M&A).