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.