Latham Advises SUSE on Loan Financing for EQT Purchase Offer and Delisting

Latham & Watkins has advised SUSE in connection with the loan financing which will be used to partly finance an interim dividend in connection with EQT Private Equity’s voluntary public purchase offer and intention to delist SUSE. SUSE’s majority shareholder and a holding company of EQT, Marcel LUX III SARL (Marcel), intends to take the company private by delisting it from the Frankfurt Stock Exchange via a merger into an unlisted Luxembourg entity in the legal form of an Société Anonyme (S.A).

The purchase offer will be financed by EQT Private Equity through funds it receives from an interim dividend to be paid by SUSE to all shareholders shortly after the expiry of the acceptance period and is conditional upon Marcel receiving this interim dividend.

The Latham team was led by London finance partners Dominic Newcomb and Joseph Kimberling with corporate partner Jennifer Engelhardt, and associates Corrie Eames, Lucy Jenkins, and Zahra Haji.