604.691.7493
Herb’s experience includes acting as U.S. counsel on registered business combination transactions and public offerings under the Securities Act of 1933 (including cross-border Multi-Jurisdictional Disclosure System offerings registered with the SEC on Form F-10), unregistered private placement offerings effected in reliance on Rules 144A and 506 under the Securities Act of 1933, continuous disclosure filings under the Securities Exchange Act of 1934, and U.S. stock exchange listings.
Some examples of his representative work include:
- Acted as U.S. securities counsel to Organigram Holdings Inc. in connection with shelf takedown offerings of $69.1 million, $55 million and $49 million, respectively, that were qualified by a Canadian short form prospectus and registered with the U.S. Securities and Exchange Commission on Form F-10.
- Acted as U.S. securities counsel to Sernova Corp. in connection with an unregistered offering of units to qualified institutional buyers pursuant to Rule 144A under the U.S. Securities Act of 1933, undertaken concurrently with a Canadian bought deal offering in the amount of $23 million that was qualified by a Canadian short form prospectus.
- Acted as U.S. securities counsel to CloudMD Software & Services Inc. in connection with unregistered offerings of securities to qualified institutional buyers pursuant to Rule 144A under the U.S. Securities Act of 1933, undertaken concurrently with Canadian bought deal offerings in the respective amounts of $37.3 million, $15 million and $13 million that were qualified by Canadian short form prospectuses.
- Acted as U.S. securities counsel to Cypress Development Corp. in connection with an unregistered offering of units to qualified institutional buyers pursuant to Rule 144A under the U.S. Securities Act of 1933 and to accredited investors on a substituted-purchaser basis pursuant to Rule 506(b) of Regulation D under the U.S. Securities Act of 1933, undertaken concurrently with a Canadian bought deal offering in the amount of $19.6 million that was qualified by a Canadian short form prospectus.
- Acted as U.S. securities counsel to Blackheath Resources Inc. and its wholly-owned subsidiary, Green Impact Operating Corp., in connection with the cross-border offering of subscription receipts for gross proceeds of C$100 million.
- Acted as U.S. securities counsel to Blackheath Resources Inc. in connection with its $150 million acquisition of certain clean energy assets, renewable natural gas projects and solids recycling facilities from Wolverine Energy and Infrastructure Inc.
- Acted as U.S. securities co-counsel in connection with West Fraser Timber Co. Ltd.’s US$3.1 billion acquisition of Norbord Inc. pursuant to a plan of arrangement structured to comply with section 3(a)(10) of the U.S. Securities Act of 1933.
- Acted as U.S. securities counsel to Patient Home Monitoring Corporation in connection with its spin out of Viemed Healthcare, Inc. pursuant to a plan of arrangement structured to comply with section 3(a)(10) of the U.S. Securities Act of 1933.
- Acted as U.S. securities counsel in the listing of Aurora Cannabis Inc. on NYSE.
- Acted as U.S. securities counsel in the listing of Organigram Holdings Inc. on Nasdaq Global Select Market.
- Acted as U.S. securities counsel in the listing of Tahoe Resources Inc. on NYSE.
- Acted as U.S. securities counsel in the listing of Primero Mining Corp. on NYSE.
- Acted as U.S. securities counsel to Tahoe Resources Inc. in connection with its $1.1 billion acquisition of Rio Alto Mining Limited and its $894 million acquisition of Lake Shore Gold Corp.
