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The Texas Lawbook

Free Speech, Due Process and Trial by Jury

  • Appellate
  • Bankruptcy
  • Commercial Litigation
  • Corp. Deal Tracker/M&A
  • GCs/Corp. Legal Depts.
  • Firm Management
  • White-Collar/Regulatory
  • Pro Bono/Public Service/D&I

CDT Roundup: 14 Deals, 8 Firms, 86 Lawyers, $4.2B

December 8, 2021 Claire Poole & Allen Pusey

Even with the brief drop in oil prices last week — a rational and measured reaction to the Omicron variant — all forms of M&A seem to be having their best year in recent memory. But while the headline focus has been on technology and all its seemingly clean and consumer friendly forms (we’re thinking EVs and fintech and healthcare and so on), one area that is meandering northbound, but quietly so, are “real assets.”

Call it “infrastructure” or “network” or “midstream,” behind some of the biggest deals moved by Texas lawyers this year involve real assets: the pipelines and information connectors of everything from oil pumps to airplanes.

In recent years, according to a recent report by PitchBook (“Global Real Assets Report”), real asset fundraising has been modest but productive this year with 71 funds closing at $81.7 billion year-to-date. That’s more already than the $80.9 billion raised in all of 2013, but far less than the 164 funds involved.

But where real asset funds were 50% invested in infrastructure, this year’s funding is dominated by infrastructure funds. Of the year’s 71 real asset funds closed thus far, 75% (53) are earmarked for infrastructure along with 90% of their aggregate value.

These days infrastructure funds are dominated by the big guys: KKR, Macquarie, BlackRock, EQT, etc. But while PE and VC funds have been more glamorous, the infrastructure funds have been steady performers and are likely, according to PitchBook, to become even more attractive with the implementation of $1 trillion in infrastructure funds recently passed.

Inflation is key, according to PitchBook. In October the commodities portion of the Producer Price Index hit 22.2%, the highest reading since the 1970s. And just as in that inflationary era, LP investors may turn to real assets and infrastructure as a hedge.

This year, infrastructure deals have already become a big part of the Texas lawyer-led M&A profile. The $9 billion deal between ConocoPhillips and Shell included not only producing acreage, but 600 miles of pipeline. And last month Global Infrastructure Partners sold a 25.7% interest in the Freeport LNG development on the Texas coast for $2.5 billion.

The deals were not just oil and gas. In a couple of recent transactions, KKR plunged $15 billion into Dallas-based CyrusOne, a global computer/data hosting firm. KKR also bought Plano-based Atlantic Aviation in a $4.5 billion deal (Atlantic Aviation is a private aviation services infrastructure company with 69 fixed base operations across the globe). And Core Scientific, a Bellevue, Washington digital infrastructure firm specializing in blockchain support, merged with a Chicago SPAC, creating a company valued at $4.3 billion.

Those are among the biggest transactions so far this year, and they all involved Texas lawyers.

Fundraising in natural resources has been waning for a decade as the result of volatility in demand as well as changes in production technologies and the political and perceptional risks of climate change. But energy transition, ironically, has its own natural resource demands like lithium, nickel, cobalt and other minerals for storage, solar panels and wind turbines.

M&A in Texas in 2021 is a work-in-progress. Just like the rest of the world.

Last week there were 14 post-holiday transactions including eight M&A and six capital markets deals worth $4.2 billion. The M&A deals were valued at $2.3 billion and the capital market deals were at $1.9 billion, creating work for eight firms and 86 mostly Texas lawyers.

The previous week was a short week, so we’ll ignore any comparison. But historically, we’ve combined the two weeks before and after the Thanksgiving holiday, so let’s do that.

In those two weeks there were a combined 23 deals worth a reported $7.7 billion. Last year for those two weeks there were 19 deals valued at $7.7 billion.

We’ll let you draw your own conclusions.

Weekly Corporate Deal Tracker Roundup Stats

A compilation of weekly stats from The Lawbook's CDT Weekly Roundup
(Deal Values in Millions)

Week Ending
Deal CountAmountFirmsLawyersM&A CountM&A Value $MCapM Count
CapM Value $M
03-May-202511$4,249139011$2,226.52$2,022.5
26-Apr-202512$8,78791689$6,0113$2,776
19-Apr-202511$8,09771389$7,9852$112
12-Apr-202513$2,392815210$2,0653$327
05-Apr-202519$27,7621518816$25,4733$2,289
29-Mar-202521$8,1881025816$4,1255$4,064
22-Mar-202519$6,4851423115$4,1284$2,857
15-Mar-202513$13,7371315110$9,9324$3,805
8-Mar-20257$2,2345665$2242$2,100
1-Mar-202511$3,05087510$2,5501$500
24-Feb-2512$16,39771496$6,6356$9,862
17-Feb-2517$12,1361313410$9,4112$2,725
10-Feb-2514$7,15491799$4,9505$2,204
3-Feb-2516 $10,068720011$7,5535$2,515
25-Jan-2514$10,261101259$2,2075$8,054
18-Jan-2519$7,3821531612$2,3007$5,082
11-Jan-2521$33,5601618716$32,5215$1,039
4-Jan-259$6,8279809$6,82700
21-Dec-2411$2,79811928$2,2293$570
14-Dec-2415$5,3231218612$3,8123$1,511
07-Dec-2416$4,7661023111$2,32152,445
30-Nov-2410$10,29191034$8,2906$2.001
23-Nov-2415$4,5531515311$3,3794$1,174
16-Nov-2417$11,4881124513$10,1864$1,303
09-Nov-2414$2,1101213912$1,4102$700
02-Nov-2412 $52,788 1110711$52,7381$50
26-Oct-248$3,1608657$3,0651$75
19-Oct-2412$5,3041113611$4,5541$750
12-Oct-2417$8,4381215015$8,1162$322
05-Oct-2422$23,1811218915$19,9807$3,201
28-Sep-2411$2,35671447$534$2,303
21-Sep-2412$9,568101695$4,1017$5,467
14-Sep-2424$10,9881223516$7,1758$3,813
7-Sep-2412$20,4201616811$20,3071$112.9
31-Aug-2413$20,631913412$14,7751$5,856
24-Aug-2419$8,4522132516$7,1023$1,350
17-Aug-2425$49,1961630411$39,38614$9,810
10-Aug-2420$12,2641531216$9,7944$2,470
03-Aug-2426$16,4981633418$8,1378$8,361
27-Jul-2419$16,4422127115$13,8384$2,604
20-Jul-2415$16,0161418410$14,2325$1,784
13-Jul-2420$17,220 1426518$7,146 2$10,074
6-Jul-2411$3,941 11958$2,650 3$1,291
29-Jun-2414$6,296 152248$6,296 6$1,927
22-Jun-2412$5,679 81375$210 7$5,469
15-Jun-2413$9,895 1621410$5,280 3$4,615
8-Jun-2419$23,859 1323912$19,436 7$4,423
1-Jun-2412$34,510 111479$26,110 3$8,400
25-May-2413$9,684 1517110$4,434 3$5,250
18-May-2411$5,490 111738$3,129 3$2,361
11-May-2422$14,855 1422716$11,105 6$3,750
4-May-2413$3,139 98710$1,297 3$1,842
27-Apr-2410$6,684 62810$6,684 00
20-Apr-2419$15,989 111479$5,208 10$10,781
13-Apr-2413$8,952 97610$1,652 3$7,300
6-Apr-2423$26,616 1422214$13,501 8$13,116
30-Mar-2412$9,286 81368$4,299 4$4,987
23-Mar-2418$5,451 1726616$4,759 2$692
16-Mar-2421$11,437 1318614$9,316 6$2,070
9-Mar-2423$4,695 2121819$2,723 4$1,972
2-Mar-2420$9,108 1937214$4,558 6$4,550
24-Feb-2419$16,382 1224815$9,507 4$6,875
17-Feb-2416$29,932 1515712$29,216 4$716
10-Feb-2425$10,750 1719619$5,372 6$5,379
3-Feb-2412$8,416 181259$3,416 3$5,000
27-Jan-249$8,165 9878$7,815 1$800
20-Jan-2414$4,084 1210912$3,219 2$865
13-Jan-2417$33,588 1225612$26,765 5$6,823
6-Jan-248$7,915 8846$7,265 2$650
30-Dec-2317$14,599 129915$2,714 2$11,885
23-Dec-2323$4,182 1321916$1,813 7$2,370
16-Dec-2313$16,436 132807$15,150 5$1,286
9-Dec-2326$14,633.90 1724416$8,095 10$6,538.90
2-Dec-2313$6,720 95712$6,630 1$90
25-Nov-239$4,835 91316$1,785 3$3,050
18-Nov-2322$6,568.70 1718414$4,709.20 8$1,859.50
11-Nov-2315$9,825 1317912$6,581 3$3,244
4-Nov-2315$20,582.50 1419312$19,417.50 3$1,165
28-Oct-2318$68,419.10 1815215$66,646 3$1,773.10
21-Oct-2316$6,755.90 1616515$6,755.90 1$3
14-Oct-2314$67,851.20 131259$61,998.50 5$5,852.70
7-Oct-2317$6,595.50 1322816$5,995.50 1$600
30-Sep-2317$1,896.45 1318914$806.45 3$1,090
23-Sep-2323$6,432.70 1723016$1,402.80 7$5,029.90
16-Sep-2325$23,226.70 2335316$17,239 9$5,987.70
9-Sep-2312$6,369 81027$4,311 5$2,058
2-Sep-2314$2,522 69213$1,322 1$1,200
26-Aug-2317$12,160.25 1320215$6,573.25 2$5,587.00
19-Aug-2319$11,505 1321315$11,255 4$250
12-Aug-2319$9,698.80 131847$3,270 12$6,428.80
5-Aug-2313$5,201 1211812$5,051 1$150
29-Jul-2315$21,031.60 1319611$18,292.00 4$2,739.60
22-Jul-2318$3,992 1213013$2,808 5$1,184
15-Jul-2313$8,254.95 138113$8,254.95 00
8-Jul-2316$5,441.45 1217211$2,443 5$2,998.45
1-Jul-2316$6,872 1010512$5,474 4$1,398
24-Jun-2313$10,914 1620110$7,874 3$3,040
17-Jun-2317$5,880.70 1515115$4,705.70 2$1,175
10-Jun-2319$8,516.10 1311116$6,252.40 3$2,263.70
June 3 202312$6,104.42 121388$4,256.92 4$1,847.50
27-May-2317$12,200 106711$6,165 6$6,035
20-May-2311$22,458.10 81034$19,455 7$3,003
13-May-2312$7,034 101018$5,460 4$1,574
6-May-2320$3,297.60 1819617$2,985.60 3$312
29-Apr-2323$3,691.20 1813517$1,969.70 6$1,721.50
22-Apr-2316$5,570 1410414$4,750 2$1,000
15-Apr-2312$23,818.10 95910$21,618.10 2$2,200
8-Apr-2316$7,949 91739$5,472 7$3,477
1-Apr-2321$18,676.70 1217511$10,926.70 10$7,750
25-Mar-2315$8,779.50 101415$2,362 10$6,416.50
18-Mar-237$14,048.80 6695$13,345 2$703.80
11-Mar-2321$11,576 1616516$8,131 5$3,445
4-Mar-2320$9,668 1122816$8,209 4$1,459
25-Feb-2313$5,335 1313012$4,235 1$1,200
18-Feb-2314$5,743.70 131588$898.70 6$4,845
11-Feb-2316$12,088 1213712$9,965 4$2,123
4-Feb-2317$8,066 1514013$5,614 4$2,452
28-Jan-237$2,180 7755$1,692.75 2$488
21-Jan-2317$5,768 1617412$1,918 5$3,850
14-Jan-2311$2, 800101028$421 3$2,400
7-Jan-2318$8,296 1116714$6,461 3$1,835
31-Dec-2214$2,732 119912$2,092 2$640
17-Dec14$7,919 1311512$7,419 1$500
10-Dec-2214$10,093 128811$7,093 3$3,000
3-Dec-2226$12,800.90 1117220$4,141 6$8,659.90
26-Nov-228$2,266.70 853$76 5$2,190.70
19-Nov-2221$2,886 1521219$2,550 2$336
12-Nov-2213$15,093.70 9819$14,200 4$893.70
5-Nov-222519,337.201650922$8,267.20 3$11,070
29-Oct-2215$7,805.30 911614$7,180.30 1$625
22-Oct-2220$8,193.50 1325313$5,442 7$2,751.50
15-Oct-229$3,046.10 91397$2,588.30 2$457.80
8-Oct-2219$2,011.80 1211416$833.80 3$1,178
1-Oct-2223$5,532.90 1615618$4,952.30 5$580.60
24-Sep-2218$5,194 1421615$4,050 3$1,144
17-Sep-2221$8,352.30 1232015$4,759.60 6$3,592.70
10-Sep-2215$19,853.50 1012613$19,403.60 2$450
3-Sep-229$2,312 9629$2,312 00
27-Aug-2216$30,891.70 1013515$30,666.40 1227.7
20-Aug-2212$1,977 815299253$1,052
13-Aug-2218$8,004.70 1124211$2,844.70 7$5,160
6-Aug-2224$7,948.90 1224017$3,577 7$4,371.90
30-Jul-228$6,941 9787$6,839 1$102
23-Jul-2211$801 119210$801 10
16-Jul-2214$3,650 1012214$3,650 00
9-Jul-2210$3,557.70 7689$3,557.70 10
2-Jul-2218$8,609.40 1315215$2,754.40 3$5,855
25-Jun-2215$6,142 131469$2,017 6$4,125
18-Jun-2217$11,890.10 1422815$11,410 2479.7
11-Jun-2217$7,600 1212310$2,300 7$5,300
4-Jun-2212$2,937 101279$692 3$2,245
28-May-229$3,197.60 11869$3,197.60 00
21-May-2214$7,284.50 1218511$6,609 3$675.50
14-May-2211$306.60 98010$306.60 1$225
7-May-2216$10,451.75 1210812$1,827 4$8,624.75
30-Apr-2216$2,296.50 1615712$895.50 4$1,401
23-Apr-2210$2,241 11588$1,641 2$600
16-Apr-2211$6,643 71568$2,359 3$4,284
9-Apr-2217$4,429 1418411$1,690 6$2,739
2-Apr-2213$1,755 88410$1,145 3$610
26-Mar-2211$3,205 8656$200 5$3,005
19-Mar-2213$2,239.17 910613$2,239.17 00
12-Mar-2218$12,016 1123915$11,965 2$51.35
5-Mar-2217$6,786 1313713$5,161 4$1,625
26-Feb-2212$5,095 81499$4,437.50 3$658
19-Feb-2217$22,229 1717414$21,354 3$875
12-Feb-2212$2,344.70 10738$641.70 4$1,703
5-Feb-2211$2,503 89911$2,503 00
29-Jan-2211$3,872 1210112$3,872 00
22-Jan-2213$5,143.50 109912$4,842.50 1$301
15-Jan-2212$7,605 91559$6,480 3$1,025
8-Jan-2213$8,256.20 1110213$8,256.20 00
1-Jan-229$1,273.80 6509$1,273.80 00
25-Dec-2121$4,734.75 1117616$3,410 5$1,324.75
18-Dec-2126$7,325.20 1519318$3,640.20 8$3,685.20
11-Dec-2116$5,017 1010913$1,417 3$3,600
4-Dec-2114$2,310 8868$2,310 6$1,882.05
27-Nov-219$3.460.1101016$1,758 3$1,702.60
20-Nov-2120$22,792 1515712$18,864.50 8$3,928
13-Nov-2121$26,729 1217813$11,822 8$14,907
6-Nov-2112$8,303 1315710$6,682 3$1,621
30-Oct-2121$10,368 1521815$9,24.46$1,103.00
23-Oct-2121$18.783.11522211$12,314 10$6,468.60
16-Oct-2115$3,868 1111815$2,293 2$1,575
9-Oct-2120$8,610 1617516$7,795 4$815
2-Oct-2114$6,250 1113710$5,200 4$1,050
25-Sep-2111$11,460 9937$10,200 4$1,250
18-Sep-2111$16,603 8998$15,084 3$1,519
11-Sep-2117$10,653 1110313$8,503 4$2,150
4-Sep-2113$7,222 108911$6,715 2$507
28-Aug-2112$763 96311$663 1$100
21-Aug-2112$29,659 77911$29,579 1$80
14-Aug-2122$17,845 1119912$12,805 10$5,04
7-Aug-2117$13,670 1213915$11,766 2$1,904
31-Jul-2121$8,160 1113410$3,574 10$4,586
July 24,202121$6,367 1113915$3,712 6$2,655
17-Jul-2114$4,009 1112412$2,015 2$1,994
10-Jul-2116$3,997 1314311$1,597 4$2,4
3-Jul-2124$7,492 139416$3,769 8$3,722
26-Jun-2110$4,995 7858$3,847 2$1,148
19-Jun-2128$16,830 82289$1,861 19$14,968
12-Jun-2126$27,238 1520919$25,602 7$1,636
5-Jun-2115$15,539 1310013$14,709 2$600
29-May-2135$20,279 1114528$18,647$1,639
22-May-2124$53,208 1417417$51,047 7$2,161
15-May-2118$10,620 1322011$5,870 7$4,809
8-May-2117$10,400 1115615$8,386 2$2,500
1-May-2121$7,200 1611512$3,808 9$3,392
24-Apr-218$20,200 9318$20,200 00
17-Apr-2114$6,270 810211$40,180 3$2,260
10-Apr-2115$8,940 1312914$7,990 1$950
3-Apr-2118$19,513 1015112$16,923 6$2,590
27-Mar-2127$13,942 1524414$4,300 13$9,633.50
20-Mar-2111$2,046 41023$270 8$1,776
13-Mar-2115$3,270 91096$538 9$2,732
6-Mar-2124$13,617 1019613$10,395 11$3,222
27-Feb-2119$8,105 1213915$4,970 4$3,135
20-Feb-219$8,820 91538$8,520 1$300
13-Feb-2112$4,852.60 78172,7665$2,086.60
6-Feb-2118$9,752 1315314$5,222 4$4,530
30-Jan-2118$9,449 918215$8,753.80 3$695.30
23-Jan-2114$8,150 81186$4,000 8$4,150
16-Jan-2117$6,783 1313811$2,400 6$4,382.90
9-Jan-2122$6,829 1413518$3,139.30 4$3,690
2-Jan-217$1,466 7607$1,466 00
26-Dec-2018$15,900 1216316$5,300 1$600
19-Dec-2018$9,769 1411014$8,426 4$1,343
12-Dec-2010$7,200 91009$3,325 1$3,830
5-Dec-2015$4,261 91229$2,780 6$1,481
28-Nov-2019$7,758 1011013$4,003 6$3,755
14-Nov-2014$864.10 1415712$289.10 2$575
7-Nov-2013$6,332 91299$2,483.50 4$3,849
31-Oct-2010$3,995.80 81036$3,231.10 4$754.70
24-Oct-206$18,100 6585$17,709 1$350
17-Oct-208$351.90 5558$351.90 00
10-Oct-207$5,229 3504$735 3$4,494
3-Oct-2014$21,428 91739$17,535 5$3,893
26-Sep-2010$12,770 8935$10,300 5$2,470
19-Sep-2014$8,365 91016$1,020 8$7,345
12-Sep-206$4,406 8593$1,270 3$3,136
5-Sep-2011$5,191 81179$4,061 2$1,130
29-Aug-2011$2,531 9945$1,130 6$1,401
22-Aug-2018$6,574 121407$1,930 11$4,644
15-Aug-2013$4,991 10977$1,216 6$3,775
8-Aug-2012$32,092 111129$30,457 3$1,635
1-Aug-207$5,287 8765$3,687 2$1,600
25-Jul-209$18,751 6677$18,403 2$348
18-Jul-206$1,982.50 5504$1,407.50 2$575
11-Jul-2011$565.10 127510$65.10 1$500
4-Jul-2010$8,889 8989$8,788 1$100.30
27-Jun-208$6,874 10505$4,972.50 3$2,081.50
20-Jun-2012$4,444 91157$2,829 5$1,615
13-Jun-206$3,582 4372$350 4$3,232
6-Jun-2011$3,213.70 8657$470 4$2,743.70
30-May-208$7,335 7486$4,639 2$2,697
23-May-204$432.40 4343$432.40 10
16-May-206$310 6345$310 10
9-May-2018$5,630 1612414$3,180 4$2,450
2-May-201510,40010908$1,900 7$,8,500
25-Apr-208$3,400 9365$1,000 3$2,450
18-Apr-2019$9,500 14928$185.70 11$9,360
11-Apr-2012$6,000 9405$190 7$5,800
4-Apr-2014$8,200 116810$2,200 4$6,000
28-Mar-2016$6,500 139610$3,700 6$2,800
21-Mar-2011$11,910 7337$2,250 4$9,960
14-Mar-207809.86346684.81125
7-Mar-2016$2,500 157013$669 3$1,400
29-Feb-2013$15,260 1312811$11,760 2$3,500
22-Feb-2012$3,700 109210$2,560 2$1,130
15-Feb-2016$1,250 108412$35 4$1,222
8-Feb-2018$6,080 1412314$2,595 4$3,485
1-Feb-2021$20,900 1210114$17,860 7$3,060
25-Jan-2013$7,430 136212$6,430 1$1,000
18-Jan-2023$9,580 1512019$6,580 4$3,000
11-Jan-2021$14,200 1819916$1,020 5$13,200
4-Jan-2022$6,400 1111916$3,204 6$3,245
28-Dec-1922$7,150 1917518$6,800 4$327.40
14-Dec-1924$36,300 2316719$9,500 5$26,800
7-Dec-1911$10,400 11557$1,082 4$9,370
November 30. 201914$2,450 1212612$1,760 2$692.50
23-Nov-1916$1,995 104111$615 5$1,380
16-Nov-1915$3,820 1313511$2,500 4$1,271
9-Nov-1925$12,900 1718223$12,200 2$575
2-Nov-1910$2,470 126192,4503$22
26-Oct-1912$5,560 147011$3,860 1$1,700
19-Oct-198$6,600 81388$6,600 00
12-Oct-1919$4,300 145516$3,800 3$500
5-Oct-1918$14,500 1916615$11,100 3$3,400
28-Sep-1919$8,100 1813218$7,560 1$550
21-Sep-1914$6,300 166611$2,160 3$4,170
14-Sep-1915$23,800 125611$21,250 4$2,570
7-Sep-1917$3,500 159814$1,900 3$1,600
31-Aug-195$8,700 6505$8,700 00
24-Aug-1916$10,000 148215$4,250 1$5,750
16-Aug-1910$1,680 5527$650 3$950
9-Aug-1917$17,700 156814$3,900 3$13,800
2-Aug-1913$5,760 1210813$5,760 NANA
27-Jul-1911$7,300 13768$6,570 3$730
20-Jul-1913$11,800 1312511$5,300 2$6,500
13-Jul-1910$775 7468$542.50 2$233
6-Jul-197$2,500 9857$2,500 00
29-Jun-1923$8,290 1515417$2,300 6$5,970
22-Jun-1917$10,700 1013914$7,700 3$3,000
15-Jun-1911$13,500 1416011$13,500 NANA
8-Jun-1913$2,870 175511$1,570 2$1,300
1-Jun-1910$4,460 11608$4,140 2$315
25-May-1917$4,360 147914$3,700 3$612
18-May-1922$9,000 1715016$3,400 6$5,600
11-May-1918$19,800 1717715$18,300 3$1,500
4-May-1910$7,075 6328$6,900 2$175
27-Apr-1915$3,200 1411714$3,160 1$40
20-Apr-1913$13,500 10909$12,200 4$1,300
13-Apr-1916$38,900 149114$37,800 2$1,100
6-Apr-1912$6,870 119410$6,730 2$50
30-Mar-1915$6,470 128410$7,91.55$5,677
23-Mar-1918$6,450 149114$5,042 4$1,408
16-Mar-1914$10,180 1211511$8,800 3$1,300
9-Mar-199$1,800 6498$1,300 1$500
2-Mar-1920$3,033 1610714$1,817 6$1,262
23-Feb-1912$2,040 8699$614.60 3$1,430
16-Feb-1916$9,970 187716$9,970 00
9-Feb-1914$6,400 1011014$6,400 00
2-Feb-1918$6,740 159916$5,720 2$950
26-Jan-1913$2,770 116711$918.95 2$1,850
19-Jan-1915$3,819 167612$2,594 3$1,225
12-Jan-1918$7,283 149215$1,683 3$5,600
5-Jan-1910$529 125010$529 00
22-Dec-1817$2,570 138714$941 3$1,629
15-Dec-1810$2,860 8268$264 2$2,600
8-Dec-1815$1,819 166512$552 3$1,267
1-Dec-1812$7,500 10909$1,200 3$6,200
28-Nov-1815$4,500 1110714$4,000 1$500
19-Nov-1818$6,137 139813$2,142 5$3,995
14-Nov-1818$9,200 1315215$8,500 3$694
6-Nov-1816$17,300 1618314$16,361 2$950
29-Oct-1814$14,400 1812717$13,800 1$600
24-Oct-1813$6,140 1312611$5,122 2$1,018
17-Oct-1818$18,390 1512514$12,292 4$6,098
10-Oct-1829$3,149 1810420$1,647 9$819
2-Oct-1818$9,300 116714$7,300 4$2,000
25-Sep-1813$7,000 117510$6,000 3$995
18-Sep-189$3,570 7449$3,570 00
11-Sep-1813$5,900 1013213$5,900 00
7-Sep-1814$5,000 158611$4,000 3$1,000
29-Aug-1815$20,700 147913$4,700 2$16,000
20-Aug-1810$12,400 11538$11,380 3$1,057
14-Aug-1812$19,900 121329$18,889 3$1,011
7-Aug-1816$68,600 1110613$67,259 3$1,340
31-Jul-1815$15,100 159511$13,060 4$2,060
23-Jul-1813$2,130 156010$1,804 3$1,100
17-Jul-1814$5,370 17989$4,310 5$1,100
9-Jul-1816$11,200 157410$11,080 6$862
3-Jul-1813$7,000 78112$6,330 1$750
25-Jun-1815$8,800 13979$4,970 6$3,930
18-Jun-1813$14,200 14807$221 6$14,290
11-Jun-1812$6,300 8968$5,910 4$803
6-Jun-1813$14,500 10888$14,154 5$579
31-May-1811$4,890 10638$3,240 3$1,790
22-May-1815$20,400 11639$19,808 6$885
15-May-1815$4,700 1510610$3,900 5$643
9-May-1811$1,400 13889$1,300 2$560
1-May-188$14,250 7887$13,400 1$450
24-Apr-1812$5,300 66111$4,470 1$800
17-Apr-189$1,800 10447$2,330 2$1,434
11-Apr-1811$2,500 8326$1,690 5$809
3-Apr-1815$13,400 111219$12,020 6$1,090
28-Mar-1810$4,000 10927$3,870 3$215
19-Mar-1817$5,800 135110$590 7$5,165
12-Mar-1815$3,130 114311$2,360 4$788
6-Mar-1819$5,400 1311610$1,530 9$4,860
27-Feb-1820$6,600 136914$5,530 6$1,030
19-Feb-1815$5,500 1411110$3,990 6$1,980
12-Feb-1823$10,900 1715712$7,110 11$3,840
5-Feb-1816$8,600 131007$1,330 9$7,800
30-Jan-1811$12,600 11685$7,300 6$4,982
24-Jan-1819$9,400 151295$2,010 14$7,337
18-Jan-1810$6,280 8492$2,100 8$4,188
9-Jan-1812$16,500 12929$15,890 3$475
3-Jan-1810$2,500 9478$2,350 2$150
27-Dec-1715$9,000 151139$7,568 6$1,784
18-Dec-1715$13,800 161649$13,010 7$1,118
11-Dec-1714$9,700 1012612$2,940 4$8,500
4-Dec-176$1,800 6315$1,510 1$300
28-Nov-177$3,850 8764$3,260 3$285
16-Nov-1710$2,700 10486$1,840 4$856
8-Nov-1715$2,380 179110$1,860 5$516
1-Nov-1712$4,700 17949$3,400 4$1,300
23-Oct-1715$10,500 106710$9,780 4$1,530
18-Oct-176$2,000 373$225 3$1,820
10-Oct-1712$6,570 1009$3,880 3$3,360
2-Oct-178$3,100 11193$1,630 5$1,750
25-Sep-178$4,880 8795$2,660 5$2,070
18-Sep-179$4,770 3$300 6$4,470
12-Sep-1711$4,430 8$2,030 3$2,400
1-Sep-174$1,310 3$317 1$1,000
23-Aug-1711$13,640 98$11,840 3$1,800

M&A/FUNDINGS

Ontario Teachers buy 50% of NextEra‘s renewables portfolio for $1.055B

Deal Description: Ontario Teachers’ Pension Plan Board announced Nov. 30 that it reached an agreement with NextEra Energy Resources, a unit of NextEra Energy Inc., to acquire a 50% interest in a portfolio of wind, solar and energy storage assets across the U.S. The assets involve 2,520 megawatts consisting of 13 utility-scale wind and solar assets, three of which include battery storage. The first transaction involves a direct equity purchase by Ontario Teachers’ for 50% of NextEra’s renewable energy portfolio for $849 million.  The second transaction involves a purchase by Ontario Teachers’ of at least 25% of equity interests in an $824 million convertible equity portfolio financing involving the renewable energy portfolio for a net investment of at least $206 million. The total for both deals is $1.055 billion. The transactions must clear regulators.

Expected Closing: Later this year or in early 2022

Ontario Teachers’ Financial Advisor: TD Securities

Ontario Teachers’ Outside Counsel: Kirkland & Ellis led by energy and infrastructure transactional partners Kevin Crews, Roald Nashi and David Thompson. Other members of the Texas team included tax partners David Wheat and Joe Tobias and environmental transaction partners Paul Tanaka and Jim Dolphin with additional support from Washington, D.C., New York and Chicago.

Voltus Inc. merges with Broadscale Acquisition in $445M de-SPAC deal

Deal Description: Voltus Inc., a software platform that helps Distributed Energy Resources (DERs) connect their varied infrastructures with commercial users, has agreed to combine with Broadscale Acquisition Corp. The combined company will trade on the Nasdaq as Voltus Technologies under the ticker “VLTS.” Voltus DER software is designed to create energy efficiencies on both sides of grid operations, connecting them with markets and sharing in revenues gained from their redistribution. The deal includes $345 million in trust from Broadscale’s February IPO and an additional $100 million PIPE. PIPE investors included Equinor Ventures, Belfer Management, Solanas Capital and Ev Williams, co-founder of Twitter.

Voltus Financial Advisors: Morgan Stanley and Nomura Greentech

Voltus Outside Counsel: Latham & Watkins advised Voltus with team led by Boston partners Spencer Ricks and John Chory with an assist from SPACmaster Ryan Maierson. Houston associate Jessica Sherman also helped out, alongside lawyers from the firm’s Bay Area, Boston and Washington, D.C. offices.

Broadscale Financial Advisors: Moelis & Co.

Broadscale Outside Counsel: Skadden, Arps, Slate, Meagher & Flom

Placement Agents: Morgan Stanley, Moelis and Nomura Securities are co-placement agents to Broadscale on the PIPE offering, with Morgan Stanley acting as sole book-running manager for Broadscale’s prior IPO.

Notes: Broadscale management includes Andy Karsner, a former Energy Department official in the George W. Bush administration who is now chief strategist at X, the Google think tank, and perhaps more notably, one of the energy transition activists elected to the board of ExxonMobil over the objections of management.

Silversmith Capital invests $425M in Formstack

Deal Description: Business software provider Formstack announced Nov. 18 that it has secured $425 million in a growth investment led by Silversmith Capital Partners. Headquartered in Indiana, Formstack is a provider of user-friendly software forms and document resources that aim to simplify work flows without the necessity of coding. The new funding includes return investor PSG.

Outside Counsel: PSG, a Boston-based growth equity firm, was advised by Weil private equity partners Kevin Sullivan in Boston and David Gail in Dallas.

Notes: Weil’s Sullivan and Gail teamed together to advise PSG in its investment with L Squared Capital Partners in Lumaverse Technologies, an engagement software provider.

Texas-based Essentium to go public through $385M SPAC merger

Deal Description: Texas-based Essentium, a manufacturer of industrial scale 3-D printing systems, announced Dec. 1 that it is merging with blank check Atlantic Coastal Acquisition Corp. in order to go public. The company expects to receive $385 million in cash from Atlantic Coastal, including $345 million from Atlantic’s March IPO proceeds in trust as well as $40 million from a fully subscribed PIPE placement. Essentium, headquartered in Pflugerville, provides hardware and systems to augment extrusion, injection molding and other complex manufacturing processes to change or sidestep those with disrupted supply chains. The combined companies will keep the name Essentium and trade on the Nasdaq under the ticker “ADTV.” The deal assumes a pro forma enterprise value of $974 million.

Essentium Financial Advisor: Jefferies

Essentium Outside Counsel: Latham & Watkins advised Essentium with a team led from Austin by partner Jen Smith and from Houston by partner Nick Dhesi. Other Texas lawyers included Houston associates Bryan Ryan, Jordan Mack, Jessica Sherman, Vera Bespalova and Haley Sandoval. Tax advice was provided by partner Tim Fenn and associate Mike Rowe, both of Houston. The Latham team also included lawyers from Los Angeles, the Bay Area and Washington, D.C.

Atlantic Coastal Financial Advisors: Moelis & Co. is financial advisor. Cantor Fitzgerald is lead capital markets advisor and placement agent.

Atlantic Coastal Outside Counsel:  Pillsbury Winthrop Shaw Pitman

Notes: Atlantic CEO Shahraab Ahmad is founder of Decca Capital and a hedge fund manager with an aggressive reputation. He served as its chief investment officer at Decca until February 2018, when a volatile market smacked his Decca Fund with a 21% loss on credit derivatives amounting to $147 million, according to Bloomberg.

Cresta Fund acquires controlling investment in refinery from Silverpeak

Deal Description: Dallas-based Cresta Fund Management announced Nov. 30 that it acquired a controlling interest in an idled North Atlantic 135,000 barrel-per-day Come-by-Chance refinery in Newfoundland from Silverpeak. Terms weren’t disclosed. The refinery, rebranded as Braya Renewable Fuels, will convert to production of renewable diesel and sustainable aviation fuel.  The conversion adds to Cresta’s investments in the province of more than $400 million since its acquisition of NARL in 2014. Crtesta said it will help the Canadian government in achieving its climate change goals. Founded in 2010 and based in New York, Silverpeak is an alternative investment management firm that has acquired more than $21 billion in gross assets across industries, sectors and geographies.
 
Cresta’s Outside Counsel: Kirkland & Ellis led by transactional partners Kevin Crews and Tony Johnston; tax partner Steve Butler and associate Nicole Martin; and investment funds partners Matt Nadworny and Laura Stake and associate Nathan Wolcott.

Notes: Sidley’s Holt Foster and Marc Rose advised Cresta and Silverpeak in November on their agreement with San Joaquin Renewables to invest up to $165 million to develop and construct a biomass-to-renewable natural gas project near McFarland, California. 

Setpoint acquires Houston-based Valsource 

Deal Description: Setpoint Integrated Solutions, a unit of the Netherlands’ Pon Holdings, announced Dec. 1 that it acquired Houston-based Valsource International, adding additional territory to its Gulf Coast footprint. Terms were not disclosed. Valsource specializes in control valve and pipeline repair services for maintenance, emergency and scheduled outage requirements. It has 185 certified technicians spread over 11 facilities across the Gulf Coast.

Pon’s Outside Counsel: Morgan Lewis led by corporate partner Sameer Mohan and corporate associate Tara McElhiney from Houston, supported by a Texas team that included corporate associate Kelsey Warren (Houston), real estate associate Melissa Brown (Houston), employment partner Mike Jones (Houston), environmental partner Stephen Fitzgerald (Dallas) and IP associate Nick Floyd (Houston). Attorneys in Los Angeles and Philadelphia also helped out.

Pon’s In-House Counsel: Pon North America General Counsel Magnus Rayos and Senior Legal Counsel Dianne Friedl in Houston

Notes: ML’s Mohan also counseled Pon on its unit Hiller Co.’s acquisition of Carolina Fire Control, A&D Fire Sprinklers, American Fire Technologies and Systems Management Group.

Martin Resource announces transaction between Alinda and Senterfitt

Deal Description: Martin Resource Management Corp. announced Nov. 29 that Senterfitt Holdings Inc. indirectly acquired the 49% voting interest representing a 50% economic interest in MMGP Holdings owned by affiliated investment funds managed by Alinda Capital Partners. Terms were not disclosed. Senterfitt is a privately held investment entity owned by Ruben S. Martin III, president and CEO of MRMC. As part of the transaction, Martin Resource, a wholly-owned unit of MRMC, entered into call option agreements with the Senterfitt subsidiaries having the right, but not the obligation, to purchase all of the membership interests of MMGP Holdings owned by such subsidiaries for 10 years.

Alinda’s Outside Counsel: Bracewell advised Alinda led by partners G. Alan Rafte and Benjamin J. Martin and associate Chase Edmunds in Houston with help from the New York office.

Houston’s Daikin North America acquires Thermal Supply and AirReps

Deal Description: Daikin North America, one of the nation’s largest distributors of HVAC equipment and services, continued its string of acquisitions this year with an agreement announced Dec. 2 to purchase two Washington-based HVAC companies, Thermal Supply of Seattle and AirReps of Bellevue. Terms of the agreement were undisclosed. Daikin North America is a subsidiary of Daikin Industries,  a Japan-headquartered multinational manufacturer of air conditioners with a substantial campus in Houston.

Daikin Outside Counsel: Gibson Dunn advised Daikin led by partner Stephen Olson. The team also included associates Jonathan Sapp, Benjamin Lefler and William Bald. Partner James Chenoweth advised on tax aspects and partner Krista Hanvey and associate Tyler Richardson advised on benefits. Counsel Andrew Cline advised on antitrust.

Notes: This is at least the fourth major acquisition by Daikin this year. Olson also represented Daikin in the October acquisition of St. Louis-based Dynamic Controls. In its earlier acquisitions Daikin was advised by Jones Day. Olson left Jones Day for Gibson Dunn in August of last year.

CAPITAL MARKETS

Burlington Northern Santa Fe priced offering of $625M in debentures

Deal Description: On Nov. 29 Burlington Northern Santa Fe priced a public offering of $625 million in 2.875% debentures due June 15, 2052. The company intends to use the net proceeds for general corporate purposes. Burlington Northern Santa Fe is engaged primarily in freight railroad transportation through its principal operating unit, BNSF Railway Co. BNSF Railway operates one of the largest railroad networks in North America with about 32,500 route miles of track in 28 states and three Canadian provinces. BNSF Railway serves major cities and ports in the western and southern U.S., Canadian and Mexican traffic and important gateways to the eastern U.S. Burlington Northern Santa Fe is a wholly owned unit of Warren Buffett’s Berkshire Hathaway Inc.

Book-Running Managers: Barclays Capital Inc., Morgan Stanley and Wells Fargo Securities 

Outside Counsel to the Initial Purchasers: Baker Botts including corporate lawyers Carina Antweil (partner, Houston), Lakshmi Ramanathan (senior associate, Houston), Emmie Proctor (associate, Houston) and Christopher Carreon (associate, Houston). Houston partner Jon Lobb worked the tax aspects while Houston associate Laura Williams worked the environmental aspects.

UGI raises $452.3M in senior notes offering

Deal Description: UGI Corp. announced Nov. 24 that its unit UGI International priced an offering of 2.5% senior notes due 2029 amounting to €400 million ($452.3 million). The notes are being offered to persons reasonably believed to be qualified institutional buyers under Rule 144A under the Securities Act of 1933, as amended, and outside the U.S. in compliance with Regulation S under the Securities Act. UGI expects to use the net proceeds to redeem its €350 million senior unsecured notes due 2025 in full and to pay fees and expenses in connection with the offering. The remainder will be used for general corporate purposes and/or be distributed to the company. The closing is expected to occur by Dec. 7.

Banks: BNP Paribas, HSBC and Crédit Agricole CIB

Issuer’s Outside Counsel: Latham & Watkins partner Ryan Maierson

Array Technologies prices upsized $375M senior notes offering

Deal Description: Albuquerque-based Array Technologies Inc. announced Nov. 30 that it priced an upsized $375 million offering of 1.00% convertible senior notes in a private offering to eligible purchasers. The notes are due 2028. Array expected the offering to close on Dec. 3. The additional proceeds will enable the company to reduce the amount of Series A preferred stock that it intends to issue to finance part of the cash consideration for the acquisition of Soluciones Técnicas Integrales Norland to $50 million from $100 million. Array is one of the world’s largest providers of utility-scale solar tracker technology and STI Norland is one of Europe’s leading manufacturers of solar trackers.

Issuer’s Outside Counsel: Kirkland & Ellis led by capital markets partners Michael Rigdon, Mike Kim and Josh Korff and associates Logan Weissler, Sean Aguirre, Ben Sharp and Andrei Bucur. The team also included derivatives partner Jaime Madell, debt finance partner Andy Veit, corporate partner Rhett Van Syoc and tax partners Mark Dundon and Joe Tobias and associate Courtney Loyack.

Beard Energy announces pricing of $230M IPO

Deal Description: Beard Energy Transition Acquisition Corp. announced Nov. 23 the pricing of its initial public offering of 23 million units at $10 per unit. The units are listed on the New York Stock Exchange and traded under the ticker symbol “BRD U.” Each unit consists of one share of the company’s Class A common stock and one-half of one redeemable warrant, with each whole warrant entitling the holder to purchase one share of the company’s Class A common stock at an exercise price of $11.50 per share. The shares of Class A common stock and warrants were expected to be listed on the NYSE under the symbols “BRD” and “BRD WS.”

Book Running Manager: Citigroup Global Markets Inc.

Beard’s Outside Counsel: Vinson & Elkins co-led by partners Ramey Layne and Caroline Blitzer Phillips with assistance from senior associate Lucy Liu and associate Luke Strieber. Other key team members include partners David Peck and Jason McIntosh, senior associate Allyson Seger and associate Lauren Nieman (tax); associate Mary Daniel Morgan (executive compensation/benefits); partner Sean Becker (employment/labor); and counsel Sarah Mitchell (insurance).

Everest Consolidator Acquisition raises $172.5M in IPO

Deal Description: Everest Consolidator Acquisition Corp. said Nov. 29 that it closed its initial public offering of 17.25 million units, raising $172.5 million. BofA Securities was the sole book-running manager for the offering. The units began trading on the New York Stock Exchange Nov. 24. Everest is a blank check company sponsored by an affiliate of Belay Associates and formed for the purpose of entering into a merger, capital stock exchange, asset acquisition, stock purchase, reorganization or similar business combination with one or more businesses or entities. The company intends to focus its search on targets in the wealth management industry, including independent financial advisory providers and wealth management-focused technology companies. However, it may pursue an acquisition in any business industry or sector.

Issuer’s Outside Counsel: Latham & Watkins partner Ryan Maierson

DIRTT Environmental Solutions completes $27.25 million debenture offer

Deal Description: Calgary-based DIRTT, a technology-driven construction company that specializes in interior spaces, announced Nov. 15 that it has entered a C$35 million ($27.25 million) bought-deal financing offering with a syndicate of underwriters led by National Bank Financial. The 6.25% unsecured subordinated debentures mature Dec. 31, 2026. They are convertible into DIRTT common shares at specified dates at a rate of C$4.20 (currently C$3.27) per common share. DIRTT is traded on the Toronto and Nasdaq exchanges.

Outside Counsel: DIRTT, which has a sizable presence in Dallas, tapped a Vinson & Elkins team led from Dallas by Robert Kimball with assistance from senior associate Lucy Liu and associates Jack Peterson and Emiliano Aguirre. Other key team members include partners Jim Meyer and Wendy Salinas and associate Lauren Meyers (tax).

OTHER NEWS

Bracewell said Nov. 30 that it advised Clean Energy Nexus PR on negotiating and drafting of its latest credit facilities. The team was based in New York but included Houston associate Derek W. Reusche. The credit facilities will be used to finance the development of energy systems in Puerto Rico. Clean Energy Nexus PR, a unit of Houston-based Clean Energy Nexus, develops, finances, owns and operates energy systems in Puerto Rico, including solar electric facilities on customer sites.

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