Bastiaan K.Kout

Counsel

Amsterdam + 31.20.305.4200

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Bastiaan Kout advises public and private companies primarily with respect to complex cross-border M&A, joint ventures, corporate real estate and capital markets transactions, as well as related corporate litigation matters.

Representative transactions include advising online Catawiki on the €150 million investment led by Permira; Highbrook Investors on the acquisition of listed Groothandelsgebouwen N.V. and the subsequent sale to Jamestown, LP for €289 million; SUEZ on the sale of its recycling and recovery operations to Pre-Zero; Alcoa Corporation in the transfer of the Afobaka Hydroelectric Works to the Republic of Suriname; Arsenal Capital Partners in the acquisition by portfolio company, Seal For Life Industries, of the Canusa-CPS and Dhatec businesses from Shawcor; the $328 million acquisition of Seal for Life Industries from Berry Global Group; and the sale of IGM Resins to Astorg.

Bastiaan also has advised CreditAccess Asia, a micro-finance institution, on a complex €95.4 million (US$102.8 million) multi-investor investment round; Musim Mas Europe on the acquisition of the largest crude glycerin refining unit at a single location in the world; Global City Holdings on its stock repurchase and delisting ($265 million); BioMarin Pharmaceutical on its acquisition of Prosensa ($680 million); and Tokyo Electron on its proposed merger of equals with Applied Materials ($29 billion).

In addition, Bastiaan has worked on high-profile litigation matters, including advising expropriated bondholders seeking compensation from the Dutch State in connection with the nationalization of SNS and advising investment funds in a dispute concerning a dilutive rights offering by Delta Lloyd N.V.

Experience

  • Diebold Nixdorf successfully restructures over $2.7 billion in funded debt and completes the first-ever dual proceeding under the U.S. bankruptcy code and Dutch restructuring law in 71 daysIn the first-ever cross border restructuring involving dual main proceedings under chapter 11 of the U.S. Bankruptcy Code and a scheme of arrangement (the "Dutch Scheme") under the Dutch Act on Confirmation of Extrajudicial Plans (Wet Homologatie Onderhands Akkoord ("WHOA")), and the first-ever chapter 15 recognition of Dutch Scheme proceedings and a sanctioned WHOA reorganization plan (the "WHOA Plan"), Jones Day represented Diebold Nixdorf, Incorporated ("Diebold") and certain of its U.S. and Canadian subsidiaries (the "Debtors") in connection with (i) the prepackaged chapter 11 cases of In re Diebold Holding Company, LLC, et al., (Case No. 23-90602-DRJ) commenced on June 1, 2023, in the United States Bankruptcy Court for the Southern District of Texas (the "Bankruptcy Court"); (ii) the Dutch Scheme, commenced on June 1, 2023 by Diebold Nixdorf Dutch Holding B.V. (the "Dutch Issuer") in the District Court of Amsterdam (the "Dutch Court"), and (iii) the chapter 15 proceedings before the Bankruptcy Court commenced by the foreign representative of the Dutch Issuer, wherein the Bankruptcy Court recognized the Dutch Scheme proceeding as a foreign main proceeding and recognized and extended comity to the WHOA Plan that was sanctioned by the Dutch Court.
  • GfK sells European Consumer Panel (GfK CP) business to YouGovJones Day is advising GfK SE in the €315 million sale of its European Consumer Panel business (GfK CP) to YouGov PLC, a leading international online research data and analytics technology group headquartered in the United Kingdom and listed on the London Stock Exchange (LSE: YOU).
  • Scotch & Soda sold to Bluestar AllianceJones Day acted as administrator to Amsterdam-based Dutch fashion brand Scotch & Soda in its sale to Bluestar Alliance, a New York-based brand management company.
  • Lekela Power sold to Infinity Group and Africa Finance Corporation in Africa's biggest renewable energy dealJones Day acted as counsel to the management team of Lekela Power in its acquisition by Infinity Global Energy, a joint venture between Infinity Worldwide Investments and Africa Finance Corporation in Africa’s biggest renewable energy deal.
  • Henderson Park sells stake in Westin Paris-Vendome to Dubai HoldingJones Day advised Henderson Park Real Estate Fund I in connection with the disposal of its stake in the iconic Westin Paris-Vendome hotel to its joint venture partner, Dubai Holding.
  • Aurelius acquires three European paper mills from Sappi Limited in complex pan-European carve-out transactionJones Day is advising Aurelius in the acquisition of three European paper mills from Sappi Limited.
  • Euricom sells stake in Rol-Ryz sp. z o.o.Jones Day acted as counsel to Euricom S.p.A. and its Polish subsidiary Rol-Ryz sp. z o.o., a leading European pulses and rice distributor, in the sale of a 28.6% minority stake in Rol-Ryz to Mitsui & Co., Ltd.
  • Berry Global Inc. completes disposal of Roto-Moulding business to Icelandic investorsJones Day advised Berry Global Inc. in the disposal of plastic rotational moulding business to Rotovia B.V., a special purpose vehicle indirectly owned by Icelandic PE funds, Freyja and Sia IV, and the current management of the business.
  • MARK Capital acquires European logistics portfolioJones Day advised MARK Capital in its acquisition of a European warehousing portfolio from Thor Equities Group.
  • Eastman sells adhesives resins business product lines for $1 billionJones Day advised Eastman Chemical Company in the $1 billion sale of its adhesives resins assets and business to Synthomer plc.
  • Arsenal Capital Partners' portfolio company Fenzi Holdings acquires Advanced Glass Technologies business of Johnson Matthey PLCJones Day represented Arsenal Capital Partners' portfolio company, Fenzi Holdings SPV S.p.A., in the acquisition and financing of the Advanced Glass Technologies business of Johnson Matthey PLC, which manufactures advanced glass enamels, precious metal pastes and conductive inks for use in automotive glass and other industry applications.
  • Fortino Capital, Ventech, henQ and founders sell inSided B.V. to Vista portfolio company Gainsight Inc.Jones Day advised Fortino Capital, Ventech, henQ and founders in the sale of inSided B.V. to Vista Equity Partners portfolio company Gainsight Inc.
  • DAS sells credit management business Cannock ChaseJones Day assisted DAS Holding N.V. and DAS Legal Finance in the sale of their credit management business, Cannock Chase, by means of an auction sale process.
  • Fragbite acquires Lucky Kat B.V.Jones Day advised Fragbite Group AB, a global esports and gaming company, in the acquisition of Lucky Kat B.V.
  • Arsenal Capital Partners' portfolio company acquires Mascoat Ltd. and Verdia, Inc.Jones Day advised Arsenal Capital Partners in the acquisition and financing by portfolio company Seal For Life Industries of Mascoat Ltd. and Verdia, Inc., both privately owned specialty industrial coatings companies.
  • Aurelius sells remaining Office Depot Europe business to strategic buyer RAJA GroupJones Day advised AURELIUS Equity Opportunities in the sale of Office Depot Europe, which includes the remaining Viking and Office Depot Europe activities to strategic buyer RAJA Group.
  • SUEZ sells its SUEZ Recycling & Recovery operations to PreZeroJones Day advised the French listed company SUEZ SA in its largest sale of SUEZ Recycling & Recovery operations - excluding plastic recycling and hazardous waste treatment activities - in four continental Europe countries: the Netherlands, Luxembourg, Germany, and Poland to PreZero, the environmental division of Schwarz Group.
  • NEP acquires StoneroosJones Day advised NEP in the acquisition of Stoneroos, a technology firm in the Netherlands that offers interactive TV applications and content discovery services that improve clients' television experience through comprehensive metadata and enriched content.
  • Fortino Capital invests in KaizoJones Day advised Fortino Capital Partners NV as lead investor in the Series Seed-2 Preferred Stock financing of Kaizo, Inc., which provides a unified, actionable and integrated workplace performance management platform for the world's largest remote-working population, customer support.
  • Expropriated SNS Reaal bondholders secure compensation from Dutch StateJones Day successfully assisted SNS Reaal bondholders in obtaining a judgment securing €804 million in compensation from the Dutch State for the nationalization of SNS Reaal NV and SNS Bank NV on February 1, 2013.
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