Case Study:  Acquisition and Divestiture

DGS has considerable experience in the acquisition and divestiture of coal properties.  The following are examples of this experience:

• DGS represented a major western coal company in the sale of its Colorado mine through a creative, tax efficient, limited recourse financing and Rule 144A bond offering structure utilized by the buyer.  The transaction brought together our expertise in a variety of areas, including tax, coal, securities, mergers and acquisitions and public lands in a complicated and successful sale.
  
  
• DGS represented a financial buyer in the leveraged acquisition of two major operating Powder River Basin coal mines.  We represented the buyer and negotiated all aspects of the purchase agreement, debt financing documents and permitting documentation required to consummate the transaction.
  
  
• DGS represented a major western coal producer in connection with the negotiation of a series of agreements relating to the construction of a load-out facility, a related long-term coal supply agreement, and related transportation agreements.
  
  
• DGS assisted a major international company in the acquisition of a large western coal property, with checker boarded fee, state and federal lands.  DGS also assisted a utility in the divestiture of its coal operations in three western states.