advisors, and regulatory bodies to facilitate a smooth and efficient listing process on ADX. One of the biggest challenges was to ensure that Agility’s shareholders will have NINs (National Investor Number) issued by ADX in place at the time of listing of Agility Global’s shares to be able to receive their shares in a timely manner; this required a lot of preparation and coordination with Markaz Financial Center in Kuwait and First Abu Dhabi Bank in the UAE, who facilitated the obtainment of NINs by Agility’s shareholders. For those shareholders’ who did not have NINs in place at the time of listing, a foundation structure was established in the ADGM to hold the shares on their behalf while they obtain their NINs. Key elements of this transaction included robust risk management strategies, communication with shareholders, coordination with all stakeholders and other external advisors, transparency and timely disclosures before concerned authorities and strategic timing to leverage favorable market conditions. Our coordinated efforts and strategic planning were pivotal in bringing this listing to fruition successfully. Why is this transaction such a milestone for Agility and where can they take this in the future in your expert opinion? This transaction is a critical and structural milestone for Agility and its shareholders. By listing and distributing the shares to Agility’s shareholders, Agility Global PLC now listed on ADX and its businesses will benefit from the attractive ADX venue with potential for further value creation and access to a broader investor base and will benefit from access to new capital markets which surely support its growth plans and open horizons for new opportunities in the GCC and beyond. After the transaction, Agility Public Warehousing Company KSCP will become a specialised and Kuwait centric company, with a focused and streamlined organisation to deliver its strategy and support Kuwait growth. The in-kind distribution has allowed all Agility’s shareholders to own shares of both Agility Global PLC and Agility Public Warehousing Company KSCP, enabling them to benefit from both opportunities and growth path while diversifying risks. With increased capital and public visibility, Agility is wellpositioned to drive innovation, attract top talent, and expand its operational footprint, ensuring sustained growth and multiplied shareholders’ value. What support does your team offer Agility in the later dealings of this transaction to ensure their long-term success? Our support for Agility extends well beyond this transaction. We provide ongoing strategic legal advisory services to Agility to ensure continued compliance with laws and regulations. Our team is dedicated to helping Agility navigate postlisting obligations. Additionally, we offer guidance and advice on daily business strategic decisions. Our commitment is to be a long-term partner for the entire Agility group, offering assistance in corporate structuring, governance frameworks, contractual arrangements, and regulatory compliance across various jurisdictions, supporting Agility’s sustained success and helping them achieve their strategic objectives through comprehensive and proactive legal support in the MENA region through Meysan’s various offices. different challenges and surprises each time. Regulatory challenges were at the forefront; they required us to adjust the transaction’s compliance framework and timing strategies. We faced unexpected hurdles in navigating the approvals’ process and had to unthread each of these challenges in a timely manner and come up with the most innovative solutions. These challenges necessitated swift adaptation and strategic adjustments, highlighting the importance of thorough preparation, continuous monitoring of regulatory requirements, and maintaining flexibility to respond to evolving circumstances. Our aim throughout was to ensure the best outcomes for Agility while also safeguarding the interests of the shareholders and fiduciary duties of its board members. Our ability to anticipate potential issues and devise innovative solutions was crucial in overcoming these obstacles and ensuring a successful listing. Could you expand on some of the details of this transaction and the details of how this listing for Agility was able to come to fruition? The listing of Agility Global PLC on the ADX was part of a strategic initiative to restructure Agility’s assets and facilitate its emergence in other GCC markets, enhancing shareholders’ value. We initiated the process with an extensive due diligence review. This was followed by the preparation of a note on the legal risks and mitigation actions pertaining to the transaction and a detailed step plan on the preparatory work and the detailed steps required in all jurisdictions involved to reach successful closing. There were periods where we had several daily alignment calls with various teams of the clients, working together on numerous streams in parallel. We also played the role of coordinating with the regulatory authorities, preparing all required corporate approvals, advising on corporate governance related to the transaction, notably from a Kuwait corporate law and capital markets perspective, including the necessary disclosures, documents and applications. Our team collaborated closely with the client’s various teams, investment This transaction was one of the most – if not the most ¬– challenging deal we have worked on. TRANSACTION INTERVIEW 39
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