Deal Maker of the Year Awards 2012 WINNER - SENEGAL

DEAL: SkyVision Global Networks Ltd acquires Afinis Communication SA from Monaco Telecom SAM

COMPANY: GENI & KEBE

NAME: Mouhamed KEBE POSITION: Managing Partner

NAME: Mouhamed A. Dieng POSITION: Associate

Mouhamed Kebe

NAME: Yankhoba Ndiaye POSITION: Associate

DEAL OVERVIEW:

In the Acquisition of AFINIS SA from Monaco Telecom, we were advising the buyer, Skyvsion SkyVision, a leading global IP telecommunication service provider to emerging markets, offering solutions over satellite and fiber optic systems. Afinis’ strong presence in Africa’s French speaking countries is complementary to SkyVision’s market leading position in Nigeria, East, Central and Southern Africa. This transaction will further reinforce SkyVision’s strategy of developing a continent wide local presence.

Q

What was your role within the transaction?

GENI & KEBE advised Skyvision on the legal aspects in relation to the OHADA company law. It is worth mentioning that Afinis holds local offices and licensing in Burkina Faso, Guinea and Senegal. All these countries have the same business law. We advised as well on TMT, regulation, and labour law in regard to these three countries.

Q

What were the challenges or difficulties presented?

The transaction was challenging but very positive in that this was the first time we advised Skyvision. Moreover, the transaction involved lawyers coming from

three different legal systems (OHADA, Israel, Monaco). Consequently, the methods were different, and we did not have the same understanding of certain rules affecting the acquisition issues. Our firm was expected to handle all the legal aspects of the transaction regarding Burkina Faso, Senegal, Guinea. Gathering information, interpreting the specific rules applicable to labour law, telecommunications, regulatory issues, and share them with our client and the other counsels involved was not an easy task.

Q

How were the challenges or difficulties overcome?

Our firm has acquired a longstanding expertise in the TMT field in Francophone Africa. From the other side, the lawyers involved with us in the transaction had an outstanding record on M&A deals. Their knowledge of the interests at stake and their flexibility were very helpful. I can say that all these circumstances helped a lot to overcome the main difficulties we faced.

Q

What other types of clients or transactions have you been involved

with?

Over several decades, GENI & KEBE has been in the forefront of the M&A market in the West and Central African region,

advising companies on domestic and cross border M&A transactions in many francophone African countries and on many sectors including natural resources, bank and finance, TMT, consumer sectors...

We have recently advised a company registered in Guernsey on a joint venture with a Senegalese company in relation to gold exploration. We are currently advising an Indian company on a similar deal in Cameroon.

Q

What are your thoughts and predictions for 2013 and beyond?

Although 2012 was particularly challenging and rewarding -we have won two awards for M&A firm of the year in Senegal-, we oversee bigger challenges in 2013 and beyond. Several reasons explain this prediction. Seven out of the ten of the fastest growing economies in the world are African. Reports predict that Africa’s collective GDP will reach as much as 2.6 trillion USD in less than 10 years. The economy of the region is developing at a rapid pace and the economic integration is performing more and more.

This is why Africa is expected to be one of the most important M&A markets of the up coming years.

ADDRESS: 47, BD. REPUBLIQUE, BP. 14392 DAKAR, SENEGAL

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