Corporate / M&A

Competition

Regulatory

IP / IT

Data Protection

Financing and Investment Products

Avaloq_bw

On December 22, 2020, Avaloq Group (Avaloq), a Swiss-based global leader in digital banking solutions, core banking software and wealth management technology, announced that Japan-based NEC Corporation (NEC, TSE:6701) had completed its acquisition of Avaloq. In the transaction, NEC acquired all outstanding shares from the existing shareholders, which includes the founders, current and former employees as well as private equity firm Warburg Pincus, at an enterprise value exceeding CHF 2 bn.
Homburger acted as global transaction counsel to Avaloq and the majority shareholders. The Homburger team was led by partner Heinz Schärer and included partner David Oser, associates Philippe Baumann and Angela Oppliger and junior associate Cédric Berger (all Corporate / M&amp;A), partner Marcel Dietrich and associates Allegra Arnold and David Waldmeier (all Competition, Regulatory), partners Georg Rauber and Luca Dal Molin and associates Valentin Fluor and Kirsten Wesiak-Schmidt (all IP / IT and Data Protection), partner Jürg Frick and associate Pierina Janett-Seiler (both Financing and Investment Products), as well as associate Marc Vogelsang (Tax).

Homburger advised Avaloq Group and majority shareholders in the completion of NEC Corporation's acquisition of Avaloq Group

Capital Markets

Litigation

MCH Group

On December 22, 2020, MCH Group AG (MCH Group), a leading international live-marketing company with a comprehensive services network spanning the entire exhibition and event market, completed a recapitalization which improved its equity position by almost CHF 100 m, of which CHF 74.4 m cash proceeds out of a two-tranche capital increase and CHF 24.2 m by way of reduction of an outstanding loan from the Canton of Basel-Stadt.
The capital increases were underwritten by, among others, Lupa Systems LLC (Lupa), an independent private investment company controlled by James Murdoch as a new anchor shareholder. Following the completion of both capital increases, Lupa is expected to hold 32.32% of the shares in MCH Group, certain public sector shareholders will hold 33.34%, and the remaining public shareholders 34.34%.
In the context of the planned recapitalization, MCH Group settled all outstanding legal matters with LLB Swiss Investment AG, AMG Vermögensberatung and Erhard Lee. The shareholders affiliated with Erhard Lee have withdrawn all pending lawsuits before civil courts and supervisory authorities, and have supported the capital raise as implemented.
Homburger AG acted as legal counsel to MCH on this series of transactions and legal cases. The Homburger team was led by partners Hansjürg Appenzeller and Daniel Daeniker, and included lead associate Stefan Blunschi, associates Angela Oppliger and Anna Peter, and junior associates Daniel Madani, Cédric Berger and Oriana Schöni (all Corporate / M&amp;A, Capital Markets) as well as partner Roman Baechler and associate Simon Bachmann (both Litigation), partner Stefan Oesterhelt and associate Marc Vogelsang (both Tax), and partner Richard Stäuber (Competition).

Homburger advised MCH Group AG on a comprehensive recapitalization and settlement of outstanding legal matters

Liberty Global

On November 11, 2020, the all-cash public tender offer by UPC Schweiz GmbH (UPC), a subsidiary of Liberty Global plc, for all publicly held shares of Sunrise Communications Group AG (Sunrise) has been settled. UPC has acquired a 98% stake in Sunrise. The transaction values Sunrise’s equity at CHF 5.0 bn.
Homburger AG is advising Liberty Global on the transaction. The Homburger team is led by partners Daniel Daeniker and Daniel Hasler (Corporate / M&amp;A) and includes partners Richard Stäuber, Franz Hoffet (Competition, Regulatory), Stefan Oesterhelt (Tax), Luca Dal Molin (IP / IT) and Roman Baechler (Litigation), counsel Micha Fankhauser (Corporate / M&amp;A), associates Daniel Häusermann, Karin Mattle, Mirko Stiefel and Stefan Luginbühl (all Corporate / M&amp;A), Yves Bianchi, Ramin Gohari and Jonas J. Krull (Competition, Regulatory), David Borer and Pierina Janett-Seiler (Financing and Investment Products), Marc Vogelsang and Raphaël Fellay (both Tax), Kirsten Wesiak-Schmidt (IP / IT), as well as junior associates Cédric Berger, Géraldine Danuser, Daniel Madani (all Corporate / M&amp;A) and Urs Stürmer (Competition, Regulatory).

Homburger advises Liberty Global on successful settlement of public tender offer for Sunrise

Cédric
Berger

Homburger advised Avaloq Group and majority shareholders in the completion of NEC Corporation's acquisition of Avaloq Group

Homburger advised MCH Group AG on a comprehensive recapitalization and settlement of outstanding legal matters

Homburger advises Liberty Global on successful settlement of public tender offer for Sunrise

Die privatrechtliche Rechtsprechung des Bundesgerichts im Jahr 2018

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Cédric Berger

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CédricBerger

Homburger advised Avaloq Group and majority shareholders in the completion of NEC Corporation's acquisition of Avaloq Group

Homburger advised MCH Group AG on a comprehensive recapitalization and settlement of outstanding legal matters

Homburger advises Liberty Global on successful settlement of public tender offer for Sunrise

Die privatrechtliche Rechtsprechung des Bundesgerichts im Jahr 2018

Join the Team

Cédric Berger

Career

Languages

Bar Registration

Teams

Cédric
Berger