On July 2, 2015, Data & Audio-Visual Enterprises Wireless Inc., operating as “Mobilicity,” was acquired by an affiliate of Rogers Communications Inc. in a transaction valued at $465 million. Mobilicity, a Canadian wireless telecommunications carrier, commenced creditor her Centre proceedings under the Companies’ Creditors Arrangement Act in September 2013. The transaction offered significant value to Mobilicity’s creditors and allowed Mobilicity to emerge from creditor protection as a going concern. The transaction ensures certainty of service for Mobilicity customers on the Rogers network and also results in Rogers gaining significant spectrum capacity in new markets which provides faster speeds and better quality for all Rogers customers. The transaction was subject to government and court approvals and was completed on July 2, 2015.
Rogers was represented by an internal legal team that included David Miller, Graeme McPhail, Michael Webber and Jason Van Dam and by McMillan LLP with a team that included Andrew Kent, Carl De Vuono, J.R. Beaudrie and Stephen Eddy. Paul Collins and Michael Laskey of Stikeman Elliott LLP assisted Rogers on competition matters.
Norton Rose Fulbright Canada LLP acted for Data & Audio-Visual Enterprises Wireless Inc. with a team that included Walied Soliman, Orestes Pasparakis, Evan Cobb, Troy Ungerman, Roger Watkiss, Barry Segal, Eric Reither, Marc Kestenberg, Kevin Ackhurst, Alex Schmitt, Stephen Taylor and Trevor Zeyl.
Goodmans LLP represented the Ad Hoc Committee of Mobilicity Noteholders with a team that included Robert Chadwick, Brendan O’Neill, Caroline Descours, Dan Dedic, Tim Heeney, Carrie Smit and Michael Koch.
Ernst & Young Inc., the court-appointed Monitor of Mobilicity, was represented by Thornton Grout Finnigan LLP with a team that included Leanne Williams and Asim Iqbal.
Fasken Martineau DuMoulin LLP acted for Catalyst Capital Group Inc., the largest creditor of Mobilicity, throughout the Canada Business Corporations Act and Companies’ Creditors Arrangement Act proceedings with a team that included Jon Levin, Stephen Acker, John Elias, Yael Wexler and Laura Fetter.