Background

Dan Kolibar is a partner in our Calgary office. Dan was admitted to the Alberta Bar in 1989. He obtained an LL.B. from the University of Alberta in 1988 and a B.A. (Economics) from the University of Calgary in 1985.

Areas of Practice

Dan practises in the areas of securities and capital markets and corporate law. His practice includes public and private equity and debt financings, mergers and acquisitions and advising boards of directors on all corporate governance matters.

Professional Experience

• Dan spent three years with the Alberta Securities Commission before joining Howard, Mackie (now Borden Ladner Gervais LLP) as an Associate in 1994.
• Since returning to private practice, he has advised numerous companies on the requirements for public financings and stock exchange listings and prepared financing documents for local and national public and private offerings and all securities related documentation in connection with mergers and acquisitions.
• Dan has advised clients on both friendly and hostile take-overs and prepared requisite Take-over Bid Circulars for both cash and share exchange offers.
• Dan has advised clients on plans of arrangement including conversions to income trusts.
• Dan has also prepared public offering documents in connection with offerings of securities in the United States through the multi-jurisdictional disclosure system.

Representative Transactions

• Corporate Finance:
  • Issuer's counsel on initial public offerings by TGS North American Real Estate Investment Trust, Northern Property Real Estate Investment Trust and public and private financings for Western Lakota Energy Services Inc.
  • Canadian counsel for Husky Energy Inc. on several U.S. dollar public debt financings in the U.S. and equity offerings, including a U.S.$1.5 billion debt financing completed in May 2009, a $1 billion common share offering completed in December 2010, a $300 million cumulative redeemable rate reset preferred share offering completed in March 2011 and a $1.2 billion common share offering completed in June 2011.
  • Canadian counsel for Precision Drilling Corporation for its U.S. public offering of common shares and New York Stock Exchange listing and for a U.S. $300 million public debt financing in the U.S.

Mergers and Acquisitions:

• Counsel to:
  • Husky Oil Limited on its acquisition of Mohawk Canada Limited.
  • Husky Oil Limited on its $4.2 billion merger with Renaissance Energy Inc. to create Husky Energy Inc. as a new public company.
  • Husky Energy Inc. on its U.S. $588 million acquisition of Marathon Canada Limited and subsequent US $320 million sale of certain of the assets acquired to EOG Resources Canada Inc.
  • Producers Oilfield Services Inc. on its acquisition by Mullen Group Income Fund and spin out of Horizon North Logistics Inc.
  • Western Lakota Energy Services Inc. on its $1.2 billion merger with Savanna Energy Services Corp.
  • Husky Energy Inc. on the U.S. $11.7 billion formation with BP plc of two joint venture entities forming an integrated oil sands business and a refining joint venture.
  • Precision Drilling Corporation on friendly and hostile take-over bids.
  • Clear Energy Inc. on its merger with NAV Energy Trust and spin out of Sure Energy Inc.
  • CanElson Drilling Inc. on its $68 million acquisition of Eagle Drilling Services Ltd.

Professional and Community Activities

• Member of the Securities Advisory Committee of the Alberta Securities Commission from 2002 to 2003 .
• Member of the Board of Directors of the Alberta Lung Association from 1993 to 1998.
• Member of the Management Board for the Festival of Trees from 1995 to 1998 (a joint fund raising project of the Alberta Lung Association and the Alberta Children's Hospital Foundation).