Three Recent Deals in New York and London for Kirkland & Ellis

CIBC MAKES OFFERING OF INCOME TRUST FOR HEATING OIL PARTNERS

Kirkland & Ellis partner Daniel J. Eisner (New York) and corporate associate John Leone (New York) represented private equity funds associated with CIBC World Markets in New York in a Canadian public offering transaction. Tax partner Donald E. Rocap (Chicago) provided advice to Heating Oil Partners Income Fund.

Kirkland & Ellis represented private equity funds associated with CIBC World Markets in New Yorkin a public offering of income trust units by Heating Oil Partners Income Fund worth $135 million Canadian or U.S. $87.5 million. Kirkland & Ellis also represented the Fund with respect to the U.S. tax matters. The proceeds of the offering were used in part to purchase an interest in Heating Oil Partners LP of Darien, CT.

The Fund was represented by Torys in Toronto. CIBC World Markets and BMO Nesbitt Burns served as underwriters and were represented by Goodmans in Toronto.

Arjun Thimmaya of Trimaran LLC (a private equity fund associated with CIBC World Markets) will serve on the board of trustees of the Fund.

ARSENAL AND OTHERS BUY LABEL DIVISION OF MAIL-WELL

Kirkland & Ellis partner Daniel J. Eisner was the lead attorney on this leveraged buyout for private equity fund Arsenal Capital Partners, along with partner Bronwen Jones and associate Nigel S. Austin. All work in the Firm’s corporate transactional group in the New York office.

Arsenal Capital Partners, together with the Renaissance Group of Denver, acquired the label division of Mail-Well I Corporation, a commercial printing business in Denver, Colorado in a transaction valued at approximately $75 million.

Financing for the transaction was provided by Arsenal Capital Partners, Greg Mosher (the company’s new chief executive officer), Cerberus Capital Management of New York and National City Bank of Ohio.

Mayer Brown Rowe & Maw represented National City, and Schulte Roth & Zabel represented Cerberus. Greg Mosher was represented by a Denver firm, Moye Giles O'Keefe Vermeire & Gorrell in Denver. Herbert "Woody" Davis is Chief Legal Officer at Mail-Well I Corporation.

DIGITAL NETWORKS INVESTS IN OSS PROVISIONING SOFTWARE PROVIDER JACOBS RIMELL

Matthew H. Hurlock of Kirkland & Ellis in London, a partner in the corporate group, represented Digital Networks in the deal.

Digital Networks, together with existing investors Advent International, E-Tech and Fidelity Ventures, have invested $10 million in Jacobs Rimell, a UK-based OSS provisioning software company.

Jacobs Rimell is a leading provider of OSS provisioning software for cable, ISP, wireless and telecommunications companies, with customers including Cable and Wireless, NTL and Telstra. The company was founded by David Jacobs and Phil Rimell who worked together at Reuters where they were responsible for developing and implementing the global IT infrastructure. Stephen Allot, the former CFO and President of Micromuse, a leading UK OSS software company, is non-executive Chairman of Jacobs Rimell.

The investment by Digital Networks, Advent International and Fidelity Ventures will support the company’s expansion in Europe, Asia and America. It will also assist the company’s move into other broadband services sectors.

Digital Networks led the Series B round of financing and Managing Partner Nenad Marovac will join the Jacobs Rimell board.

Mayer, Brown, Rowe & Maw represented Jacobs Rimell Limited and Slaughter & May represented Advent International and Fidelity Ventures.