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Slaughter and May advised Department of BERR - Proposed £12.5 billion offer takeover of British Energy Group by EDF
Slaughter and May advised the Department of Business, Enterprise and Regulatory Reform in connection with the recommended offer announced today by EDF to acquire British Energy Group plc. The offer involves a cash offer and a partial CVR alternative which will provide British Energy shareholders with a potential economic exposure to wholesale power prices and the output of British Energy's existing nuclear fleet. BERR holds, through the Nuclear Liabilities Fund, a 35.6% interest in British Energy. We advised on the renegotiation of the restructuring agreements put in place in 2005 as part of the restructuring of British Energy, on state aid concerns around the offer, on an agreement with EDF that the company will sell land to other potential nuclear operators at some specific sites in certain circumstances in order to encourage at least two new nuclear operators in first wave of nuclear new build and on other matters relating to the offer. The intention to make an offer was announced by EDF on 24 September, 2008. Ian Hodgson (partner), Charles Randell (partner), Rob Innes (associate), Oliver Storey (associate); Commercial Real Estate: David Beales (partner), Nick Mumby (associate); Competition: Christopher Wright (special adviser, regulated industries), Michelle Rosswick (associate). The NLF were advised by Shepherd and Wedderburn; EDF by Herbert Smith; and British Energy by Clifford Chance.
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