Healthcare & Pharmaceuticals
Matters in this sector include:
- Advising Philips Medical Systems in connection with its tender for a contract from the Ministry of Health of the Government of Kenya for supply, installation and maintenance of medical equipment for Kenya’s forty-two counties, including all matters relating to public procurement and tenders, health sector compliance, consumer protection, financing, regulatory review and unique issues arising out of the concurrent administration of the health sector by the national and county governments under Kenya’s newly devolved government structure. We also advised on the contract negotiations with the Ministry of Health including negotiation on liability, indemnities, force majeure, political risk and other considerations regarding the bankability of the project.
- Acting for National Bank of Kenya, in connection with a banking facilities to Emergency Plus Medical Services, an emergency medical service provider that is a subsidiary of Kenya Red Cross, of USD 3.5 million and Guarantees from the Kenya Red Cross, including reviewing of the constitutional documents of the borrower which is a subsidiary of the Kenya Red Cross Society, drafting of the banking security documents for National Bank of Kenya, dealing with the Company Secretary of Emergency Plus Medical Services and ensuring the passing of the necessary resolutions in connection with the obtaining of the banking facilities.
- Advising Bomu Hospital, a social enterprise providing quality healthcare for individuals from all socioeconomic levels in Mombasa, Kenya, including reviewing Bomu’s corporate organisation, and its proposed rules of the Trust Deed.
- Acting for Aga Khan Health Service, Kenya in connection with its acquisition of two diagnostic and imaging clinic businesses in Kenya, including conducting due diligence, drafting and negotiating all operative agreements and assisting obtaining approval from the Competition Authority of Kenya.
- Advising Mkomani Clinic Society, a charitable medical clinic operating in Kenya, preparing corporate organizational documents, counselling senior management and trustees as well as representing the clinic on its purchase of property.
- Acting for the founders of Huruma Trust, a charitable trust in Kenya assisting cancer patients in obtaining medical care, on establishing its organisation and operations.
- Acting for Phibro Animal Health in connection with its acquisition of 100% of Nairobi based drug manufacturer, Assia Pharmaceuticals, from Israeli-based Teva Pharmaceutical, the largest generic drugs manufacturer in the world, including conducting due diligence, drafting and negotiating all transaction documents and registering product and company trademarks.
- Advising Novartis, an international pharmaceutical company, on a review of a proposed financial structure for distribution agreements to be entered into in each of Sudan, Ethiopia, Zambia, Zimbabwe, Angola and Mozambique, including coordinating advice across all jurisdictions.
- Acting for the shareholders of African Chemist and Beauty Care, a Mauritian-based pharmacy chain, in relation to an equity investment in the company by Catalyst, a USD 125 million private equity fund focussed on mid-cap investments in East Africa, as part of the funding for the acquisition of the Mimosa chain of pharmacies in Kenya. A&K’s regional office in Dubai, Anjarwalla Collins & Haidermota acted for Catalyst Principal Partners on the transaction.
- Acting for Sumaria Group on a sale of its majority stake in subsidiary Shelys Africa, a large manufacturer of pharmaceutical products in East and Central Africa, to Aspen Pharmacare, the leading South African pharmaceutical company listed on the Johannesburg Stock Exchange, including restructuring Shelys in preparation for the sale.
- Acting for ADC Financial Services & Corporate Development (a subsidiary of African Development Corporation) on its disposal of its 38% shareholding in Resolution Health, an East African medical insurance provider, to a consortium of its management and Leapfrog Investments, a leading private equity fund investing in financial services companies in Africa, Southeast Asia and elsewhere, including transactional and tax work.