Holst, Advokater Advokatpartnerselskab
T, +45 8934 0000
F, +45 8934 0001

CVR: 35680470


Hans Broges Gade 2

DK-8000 Aarhus C


Indiavej 1

DK-2100 København Ø

Compliance control, due diligence, negotiations and drafting of documents during the acquisition of a competing business

For several years, leasing company Fleggaard Leasing has been on route in becoming one of the great-est players in the market for finance leasing in Denmark. A significant part of this strategic journey has been the acquisition of other companies and at the end of 2021, Fleggaard Leasing emphasized its mar-ket position with the acquisition of Forza Leasing.

Following the acquisition, Fleggaard Leasing’s number of lease agreements went up by 1,500 and result-ed in a total number of 12,500 lease agreements.

Holst, has accompanied Fleggaard Leasing a long way of its strategic journey – including a previous acquisition of another company – and has now also assisted with the acquisition of Forza Leasing.

Hence, Holst, was responsible for the due diligence process in selected areas and compliance control; Holst, also assisted in the negotiations and prepared the necessary documents for the deal.

Partner at Holst, Anders Hedetoft, who has extensive experience within leasing, headed the team work-ing on the assignment at Holst.

More information about Fleggaard Leasing’s acquisition of Forza Leasing is available on (in Danish).

r2p Tracking ApS acquires Uniqtracking ApS

Uniqtracking ApS was a fairly new company selling tracking and fleet management solutions to leasing companies, machine pools, contractors, craftsmen and other companies in a wide range of industries in which it is essential to keep track of vehicles and machines.

Both companies offer unique skills in GPS tracking, insurance tracking and fleet management to business customers. Uniqtracking ApS was therefore an obvious acquisition candidate for r2pTracking ApS. With the acquisition, r2pTracking will expand its activities in the Nordic region and strengthen its position as a leading supplier in the market.

Holst, provided legal advice in drafting a sales agreement and other agreements that were concluded during the sale of the company.

ICT Logistics was represented by Holst, Advokater during the valuation process, due diligence and during negotiations when selling to DFDS

18In 25 years, ICT Logistics grew from being a single office located in Herning, Denmark into a logistics enterprise with offices in eight different countries, particularly in the Baltic states and the CIS member states.

Therefore, the business was an obvious acquisition opportunity for DFDS having a strategical goal about a greater presence – and better offers for both existing and new customers – in the Baltics and the CIS.

Business valuation and competition authorities

To succeed, ICT Logistics had to go through all phases of an M&A process. And more …

Apart from assisting with setting-up of a virtual data room, verifying material documents from various countries, negotiations and drafting of agreements, Holst, also provided advice on the valuation of ICT Logistics.

Furthermore, because of the size of DFDS, the acquisition required approvals from the competition authorities in both Russia and Denmark. In cooperation with the lawyer representing DFDS, Holst, also attended to this part of the process.

Overall, the whole process took about a year from initiating the opening discussions until the final agreement was signed, and the sale of ICT Logistics was granted the final approval from the Danish competition authorities. Despite the quite long process, both parties were very satisfied with the outcome, and as established by DFDS in the press release about the acquisition:

”DFDS is excited to announce the integration of ICT Logistics into its logistics network. While DFDS has owned a minority share of ICT Logistics since 2006, the acquisition gives an opportunity to strengthen and expand services across multiple markets greatly.”

Assistance provided for revealing supplier’s fraud

By issuing fictitious invoices and false declarations, a sub-supplier to a company succeeded in obtaining millions of Danish kroner in payment.

Holst, assisted the company in revealing the actual circumstances behind the fraud. The assistance comprised advice on how to organise investigations of the actual circumstances, filing of the police report and the claim for damages.

Furthermore, partner Erik Jensen provided strategical advice and sparring on the strategy pertaining to press and communication, including how the company should prepare for inquiries from the press.

Acquisition of energy consulting business involved due diligence, negotiations and SPA

Consulting company Energi- og Bygningsrådgivning A/S (EBAS), which is part of Danish NRGi Group (one of the greatest power suppliers in Denmark), took over the energy consulting business of Ørsted (a renowned and sustainable energy company). The Ørsted energy consulting business provides advice and manages projects for some of the largest industrial companies in Denmark about optimising energy-intensive industrial processes. By taking over the consulting business, EBAS affirmed its position as one of the greatest businesses in Den-mark within energy consultancy.

With partner Erik Jensen in charge, Holst, assisted EBAS with the acquisition. The advice comprised legal due diligence, participance in negotiations with Ørsted and execution of the SPA.

Assistance for the purchase of a turnkey housing project

A housing developer had wished to buy a housing project consisting of terraced houses in eastern Jutland.

Morten Fendinge Olsen, partner at Host, provided advice to the housing developer during the entire process, including negotiating the purchase agreement, due diligence, follow-up on le-gal issues, perusal of prospectus and closing.

The whole purchase went strictly by the book and all parties involved were highly satisfied.

Construction contract, development and project sale of newly built flats

The conversion of a former industrial area in eastern Jutland comprised the sale of a part of the project area to an external buyer and the project sale of newly built owner-occupied flats to private end-users.

As legal partner to the employer and the housing developer, Holst, participated in the project from the beginning to the end, headed by partner Morten Fendinge Olsen. Hence, Holst, provided advice on all relevant and necessary documents, including the construction contract, agreements with authorities, purchase agreements and the establishment of a houseowners’ association.

The result was a beautifully located, modern residential area supported by a legal setup covering all aspects ranging from initial ideas to the finalised project.

Due diligence and negotiations during acquisition of share majority

Axel Johnson International AB is a Swedish group engaged in the purchase and development of technological industrial operations.

In 2020, the group wanted to take over the share majority in the family-owned industrial com-pany Caldan Conveyor A/S in Galten, Denmark, specialising in conveyors for the surface finishing industry, and Holst, provided advice to Axel Johnson International AB in connection with the acquisition.

Hence, a team from Holst, headed by Jakob Schmidt, assisted with a legal due diligence of Caldan Conveyor A/S, with negotiations pertaining to the share transfer agreement and various other transaction documents, and with the approval and performance of the transaction.

Assistance rendered for concluding the agreement on Aarhus being the 2021 SailGP venue

In 2021, an event under the sailing championship SailGP visited Aarhus, at which Olympic medal winners and other sailing athletes competed in F50 catamarans fast as lightning with a top speed of 100 km/hour.

The event is one of the most spectacular sailing events in the world, and it played a major part in pointing out Aarhus on the world map; hence, it was all the more crucial that all legal as-pects were in place in order to prevent any unpleasant surprises.

Partner at Holst, Jakob Schmidt assisted the Municipality of Aarhus in concluding the agreement with the American events organiser, F50 League LLC, including how to ensure a clear division of responsibilities and placing of operator liability.

During the races in August 2021, anyone interested in sailing had much to look forward to, and not only world-class sailing. They could also cheer on several Danish sailing athletes who formed part of Team Rockwool.

Property fund provided with advice on the creation and the purchase of a turnkey housing project

The establishment and management of a property fund is subject to an extensive set of rules under, among others, the Alternative Investment Fund Managers Directive (the AIFMD).

When purchasing a turnkey housing project in Copenhagen, Holst provided advice to a professional pro-vider/manager of property funds; first with the establishment of a property fund, next with the fund’s purchase of about 60 youth residences placed in a property company. Legal services rendered about purchase comprised both due diligence, the conclusion of a transfer agreement, handling of legal issues during the construction phase and final transaction closing.

Thue Hagenau who has in-depth experience with both the special rules pertaining to property funds and transactions on turnkey projects headed the transaction.