On April 28, 2017, Maxwell Technologies, Inc. (Maxwell) (NASDAQ: MXWL), a leading developer and manufacturer of capacitive energy storage and power delivery solutions, completed its acquisition of substantially all of the assets and business, including the operating entities, of Nesscap Energy Inc. (Nesscap) (TSXV: NCE) pursuant to a court approved arrangement under the Business Corporations Act (Ontario) (the Arrangement). In consideration for the transfer of substantially all of Nesscap’s assets to Maxwell, Maxwell issued 4,146,538 shares of its common stock to Nesscap.
Maxwell is a global leader in the development and manufacture of innovative, cost-effective energy storage and power delivery solutions. Maxwell ultracapacitor products provide safe and reliable power solutions for applications in consumer and industrial electronics, transportation and telecommunications. Maxwell high-voltage grading and coupling capacitors help to ensure the safety and reliability of electric utility infrastructure and other applications involving transport, distribution and measurement of high-voltage electrical energy. As a market leader in innovative small cell format ultracapacitor products and technologies, the Nesscap business includes research, development and manufacturing of energy storage and power delivery solutions with operations in Korea, Germany, and China.
Maxwell was represented in-house by Emily Lough, Corporate Counsel & Chief Compliance Officer. Maxwell was represented externally by DLA Piper US and DLA Piper (Canada) LLP with a team led by Larry Nishnick (San Diego) and Robert Fonn (Toronto) and including Russel Drew (M&A), Jamie Mandell, Mackenzie Clark, Derek Bell (litigation), Kevin Fritz (tax) and Michael Richards (employment and labour) in Toronto.
Nesscap was represented by Miller Thomson LLP with a team led by Pierre Soulard and including Alexander Lalka, Gary Volman and Deven Rath (M&A), John Chapman and Nafisah Chowdhury (litigation), and Gerald Courage and Andrew Etcovitch (tax). Paradigm Capital provided financial advisory advice to the Board of directors of Nesscap, including the issuance of a fairness opinion in connection with the Arrangement.