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BLOMSTEIN has advised Zoom Video Communications Inc. (Zoom) on the German foreign direct investment aspects of the direct acquisition of 100% of the shares of the language processing software and services company Karlsruhe Information Technology Solutions – kites GmbH (kites).

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The 17th Amendment of the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung, AWV) came into force on 1 May 2021 and forms part of a series of measures aimed at increasing investment control in Germany. The Amendment introduces changes to the legal regime for foreign direct investment, particularly with regard to atypical forms of acquisitions as well as procedural aspects of the regime. In addition to the expansion of the case groups that may be subject to cross-sectoral examination (see 1st Briefing of the FDI Briefing Series), the adjustment of the thresholds for voting rights and changes to the sector-specific review (see 2nd Briefing of the FDI Briefing Series), the Amendment aligns the law with established practice. It makes changes to atypical forms of acquisitions and introduces an intra-group exemption. Further, it includes a transitional provision aimed at providing clarity on the applicability of the newly amended Sections of the AWV.

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The 17th Amendment of the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung, AWV) came into force on 1 May 2021. It forms part of a series of measures, including the Amendments of the Foreign Trade and Payments Act (Außenwirtschaftsgesetz, AWG) as well as the 15th and 16th Amendments of the AWV, aimed at tightening rules on foreign direct investment. As a result, more investment projects may be subject to the reporting obligation, leading to a potential increase in restrictions for or prohibitions of acquisitions. In our first briefing, we summarised the expansion of case groups that may be subject to cross-sectoral examination. This second part of our three-part briefing series on foreign direct investment deals with the increased thresholds relevant for the cross-sectoral review of corporate acquisitions. In addition, this briefing summarises the changes to the sector-specific examination, according to which the entire defence sector (all goods listed in Part I Section A of the Export List) is now subject to the investment control regime.

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BLOMSTEIN has advised the 3D Systems Corporation (3D Systems) on the German foreign direct investment aspects of the indirect acquisition of 100% of the shares of the German 3D-printing software company Additive Works GmbH.

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The new Lexology Getting the Deal Through: Sanctions guide for 2021 has just been published, enabling side-by-side comparison of local insights into economic, financial and trade sanctions including national and international regimes across different jurisdictions. Roland M. Stein and Laura Louca have contributed the chapter on the European Union sanctions regime.

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BLOMSTEIN has advised Albion Acquisitions Limited on the German foreign direct investments (FDI) aspects of its recommended cash acquisition of the entire issued, and to be issued, ordinary share capital of Aggreko plc. Albion is a newly formed company, owned by funds managed by I Squared Capital Advisors (US) LLC and investment funds managed by TDR Capital LLP. The acquisition values Aggreko plc’s entire issued, and to be issued, ordinary share capital at approximately £2,322 million on a fully diluted basis.

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The 17th Amendment of the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung, AWV) has recently come into force and forms part of a series of measures, including the Amendments to the Foreign Trade and Payments Act (Außenwirtschaftsgesetz, AWG) as well as the 15th and 16th Amendments of the AWV, aimed at tightening rules on foreign direct investment.

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BLOMSTEIN advises Qell Acquisition Corp. (Qell) on a billion-dollar merger with the Munich air taxi manufacturer Lilium.

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The new Lexology GTDT: Foreign investment review 2021 has just been published: Roland M. Stein and Leonard von Rummel have contributed the chapter on the German FDI regime.

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BLOMSTEIN has successfully handled two Foreign Direct Investment procedures for GTCR, a leading private equity firm. GTCR has acquired the assets of the TachoSil Fibrin Sealant Patch, a sponge for hemostasis and wound sealing, and the Surgical Specialties Corporation (SSC), which is specialized in high performance surgical sutures and ophthalmic knives. Subsequently, the investor merged SSC and Tachosil into a leading provider of surgical medical products and created the new company Corza Medical.

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