Date Closed

February 16, 2021

Lead Office

Toronto

On October 13, 2020, Magris Resources Canada Inc. (Magris Resources) announced it has entered into a definitive stalking horse agreement to acquire substantially all the assets of Imerys Talc America Inc., Imerys Talc Vermont Inc. and Imerys Talc Canada Inc. (collectively, North American Talc Assets). The North American Talc Assets are being sold under proceedings commenced by the sellers under Chapter 11 of the United States Bankruptcy Code and the Companies' Creditors Arrangement Act. The agreement will become fully effective and legally binding after the relevant United States and Canadian courts issue orders to approve it. The transaction is expected to close by late 2020 or early 2021.

North American Talc Assets is North America's premier producer of talc, which is a critical performance-enhancing ingredient used in a variety of industrial applications. Its operations consist of three long-life mines and six processing facilities located in the United States and Canada.

Magris Resources is a Toronto, Ontario-based acquirer, developer and operator of mining assets on a global basis. Magris owns and operates Niobec, a Quebec-based producer of niobium, which is a critical element used in the production of high-strength, low-alloy steels. 

McCarthy Tétrault LLP advised Magris Resources with a team led by Jonathan See and Scott Bergen that included Robert Richardson, Claire Gowdy and Chanelle Bristol (M&A), Eva Bellissimo and Daniel Bornstein (Mining), Isabel Henkelman, Anthony Salandra and Kevin Emamian (Real Property), Kelleher Lynch and Hilary Smith (Pension and Benefits), Trevor Lawson, Jessica Wuergler and Simmy Sahdra (Labour and Employment), Raj Juneja, Nicolas Désy, Dean Xiao and Kassandra Grenier (Tax), Vincent Yip (Intellectual Property), Sean Collins (Bankruptcy and Restructuring), Ian Mak and Zachary Masoud (Financial Services), Shane D’Souza (Litigation) and Oliver Borgers (Competition and Foreign Investment).