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Mining Acquisitions & Divestitures

Davis Graham & Stubbs LLP attorneys have vast experience in transactions for the purchase and sale of mining properties, from greenfields exploration properties to operating mines. Our lawyers also have extensive experience in the purchase and sale of mining companies, both private and public, including significant experience in the purchase and sale of public mining companies whose stock is traded both in Canada and in the U.S. DGS lawyers regularly draft, review and negotiate other contracts related to the acquisition and disposition of mineral properties, including mining leases, joint venture and operating agreements, option agreements, exploration and development agreements, and mine operating contracts. We have worked with several clients in developing standardized forms of some of these agreements.

Our experience includes the following:

  • Representing both large and small mining companies in the acquisition or disposition of gold, silver, copper, molybdenum, uranium, rare earths, industrial minerals and coal mines in the western United States, Mexico and South America.
  • Representing buyers and sellers of publicly-traded and privately-held exploration, development and mining companies in Canada and the United States.
  • Regularly representing private equity investors in the acquisition of mining projects and equity interests in mining companies, covering a wide range of commodities.
  • Representing large mining companies in negotiating both contractual joint ventures and limited liability company operating agreements for operating mines, development projects and exploration properties throughout the western United States as well as in Mexico, Canada and other jurisdictions outside the United States. Two of the partners at the firm were the chairperson and primary tax adviser, respectively, for the Rocky Mountain Mineral Law Foundation Committee that drafted the Form 5 LLC Agreement which was published in 2015.
  • Serving as primary outside counsel for large mining companies in carrying out exploration activities (mining leases, option agreements, asset acquisitions, etc.) in the western United States.
  • Negotiating literally hundreds of joint venture agreements and LLC operating agreements for mining projects in the western United States and other countries.
  • Acquiring mineral properties and assets out of bankruptcy.
  • Undertaking comprehensive due diligence investigations of mining companies, ranging from contracts to property title to environmental compliance and all other aspects of mining operations, in order to support acquisitions and dispositions.
  • Navigating compliance with foreign acquisition regulatory requirements, including advice on working through any review by the Committee on Foreign Investment in the United States (CFIUS).

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