Sayenko Kharenko advises AB InBev Efes B.V.

Sayenko
Kharenko advises AB InBev Efes B.V. on mandatory tender offer and sell-out
procedures with respect to SUN InBev Ukraine

Sayenko Kharenko has acted as Ukrainian
legal counsel to AB InBev Efes B.V. with respect to acquisition of shares of PJSC
“SUN InBev Ukraine” from minority shareholders under the new procedures for mandatory
tender offer (the MTO) and sell-out recently introduced to Ukrainian law.

The new MTO and sell-out procedures
allow minority shareholders of a joint-stock company to sell their shares and
exit the company in response to changes in the controlling shareholder. Both the
MTO and sell-out procedures were triggered by the merger of businesses of
Anheuser-Busch InBev S.A./N.V. and Anadolu Efes Biracilik ve Malt Sanayii AS,
which was successfully completed in March 2018.

Sayenko Kharenko partner Oleksandr
Nikolaichyk comments: “Implementation of mandatory
tender offers and sell-outs requires professional assistance. Otherwise, it may
become quite stressful for clients and result in significant pressure on legal
and other support functions within the client’s operations. We are happy to
assist AB InBev Efes B.V. with the MTO, a process where potentially 1821 minority shareholders could
have been involved.”

Sayenko Kharenko rendered full-scope
support of the entire MTO and sell-out process, including preparing all
necessary documents, negotiating agreements with securities traders and other
stakeholders, communicating with minority shareholders and the National
Securities and Stock Market Commission, and assisting with execution and
completion of share purchase agreements with each minority shareholder.

Sayenko Kharenko’s team was led by counsel
Dmytro Korbut with support from associate Ilhar Hakhramanov and junior
associate Mykola Lykhoglyad under the general supervision of partner Oleksandr
Nikolaichyk.