Kosta Kostic 

Kosta Kostic

Montréal
1000 Sherbrooke Street West
Suite 2700
Montréal, Québec H3A 3G4

t: 514.987.5025
e: kosta.kostic@mcmillan.ca

overview

Partner and member of McMillan LLP's National Capital Markets and M&A Group, Kosta's practice is predominantly focused on corporate finance, securities and mergers and acquisitions matters.

Representing both issuers and investment dealers, Kosta has extensive experience in private and public debt and equity offerings. He has also acted as lead counsel in a number of private and public merger and acquisition transactions, corporate reorganization and restructuring transactions, as well as a variety of negotiated transactions, including take-over bids and proxy contests.

Kosta also has a broad range of experience providing advice to both private and public companies with respect to their ongoing corporate and securities law obligations. He has acted for various junior, mid-cap and established issuers in connection with their initial public offerings, follow-on offerings and listings on the Toronto Stock Exchange, the TSX Venture Exchange and the Canadian Securities Exchange (formerly the CNSX). Kosta has also advised investment fund managers in connection with the establishment of publicly offered and privately placed investment funds.

Kosta is a co-founder of Finfusion MTL, a non-profit organization that helps develop, promote and support innovation in the finance and technology community (FinTech) in Montreal, Quebec; and Impak Finance Inc., a Quebec-based FinTech company focused on driving the social impact economy and building an impact ecosystem, and which recently completed an initial coin offering (ICO) of the MPK coin.

Kosta regularly acts for clients in the following industries: mining, oil and natural gas, renewable energy, information technology, biotechnology, manufacturing, retail and transportation.

Kosta is a member of the Local Advisory Committee for the TSX Venture Exchange.  He has also served as a director or corporate secretary of several publicly-listed and private companies.

Representative Matters

  • Counsel to SEMAFO Inc. in connection with a “bought deal” public offering of 26,450,000 common shares, including the exercise in full by the underwriters of the over-allotment option, at a price of $4.35 per common share, for aggregate proceeds to Semafo of approximately $115 million.
  • Counsel to NOVACAP, one of Canada’s leading private equity firms, in connection with its strategic investment in Firmex, the fastest growing provider of virtual data rooms and platform for secure document sharing.
  • Counsel to NOVACAP in its acquisition of Intelerad Medical Systems Inc.
  • Counsel to NOVACAP in the context of the initial public offering (IPO) by Stringray Digital Group Inc. on the Toronto Stock Exchange (TSX) of an aggregate of 25,760,000 subordinate voting shares and variable subordinate voting shares at a price of $6.25 per share, for total gross proceeds of $161 million (including the exercise in full of the over-allotment option granted to the underwriters).
  • Counsel to SEMAFO Inc. in connection with a “bought deal” private placement of 15,640,000 common shares at a price of $3.70 per share for aggregate gross proceeds of $57.9 million and a senior secured credit facility with Macquarie Bank Limited (Macquarie) providing for an amortizing three-year term loan in the principal amount of US$90 million. The net proceeds of the private placement and the credit facility were used to finance a portion of the acquisition consideration for the shares of Orbis Gold Limited acquired by SEMAFO pursuant to a public offer in Australia.

Publications

OSC Grants Exemptive Relief to Token Funder Inc.
McMillan Advises on First Initial Coin Offering Granted Exemptive Relief by Canadian Securities Regulators

News

71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada

Education

  • Osgoode Hall Law School, Certificate in Mining Law - 2013
  • McGill University, LL.B. - 2001
  • Concordia University, B.A. (Communication Studies) - 1996

Year Of Call

  • Called to the Quebec bar - 2002

Practices

capital markets
corporate finance
fintech
corporate governance
IPOs and alternative IPOs
investment funds and asset management
mergers and acquisitions
negotiated transactions
cryptocurrency and blockchain
private equity

Industries

cleantech
information technology
life sciences
mining
oil and gas

Directorships and Professional Associations

  • Quebec Bar
  • Canadian Bar Association
  • TSX Venture Exchange - Local Advisory Committee Member

Awards & Rankings

  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Securities Law
vcard

Partner and member of McMillan LLP's National Capital Markets and M&A Group, Kosta's practice is predominantly focused on corporate finance, securities and mergers and acquisitions matters.

Representing both issuers and investment dealers, Kosta has extensive experience in private and public debt and equity offerings. He has also acted as lead counsel in a number of private and public merger and acquisition transactions, corporate reorganization and restructuring transactions, as well as a variety of negotiated transactions, including take-over bids and proxy contests.

Kosta also has a broad range of experience providing advice to both private and public companies with respect to their ongoing corporate and securities law obligations. He has acted for various junior, mid-cap and established issuers in connection with their initial public offerings, follow-on offerings and listings on the Toronto Stock Exchange, the TSX Venture Exchange and the Canadian Securities Exchange (formerly the CNSX). Kosta has also advised investment fund managers in connection with the establishment of publicly offered and privately placed investment funds.

Kosta is a co-founder of Finfusion MTL, a non-profit organization that helps develop, promote and support innovation in the finance and technology community (FinTech) in Montreal, Quebec; and Impak Finance Inc., a Quebec-based FinTech company focused on driving the social impact economy and building an impact ecosystem, and which recently completed an initial coin offering (ICO) of the MPK coin.

Kosta regularly acts for clients in the following industries: mining, oil and natural gas, renewable energy, information technology, biotechnology, manufacturing, retail and transportation.

Kosta is a member of the Local Advisory Committee for the TSX Venture Exchange.  He has also served as a director or corporate secretary of several publicly-listed and private companies.

  • Counsel to SEMAFO Inc. in connection with a “bought deal” public offering of 26,450,000 common shares, including the exercise in full by the underwriters of the over-allotment option, at a price of $4.35 per common share, for aggregate proceeds to Semafo of approximately $115 million.
  • Counsel to NOVACAP, one of Canada’s leading private equity firms, in connection with its strategic investment in Firmex, the fastest growing provider of virtual data rooms and platform for secure document sharing.
  • Counsel to NOVACAP in its acquisition of Intelerad Medical Systems Inc.
  • Counsel to NOVACAP in the context of the initial public offering (IPO) by Stringray Digital Group Inc. on the Toronto Stock Exchange (TSX) of an aggregate of 25,760,000 subordinate voting shares and variable subordinate voting shares at a price of $6.25 per share, for total gross proceeds of $161 million (including the exercise in full of the over-allotment option granted to the underwriters).
  • Counsel to SEMAFO Inc. in connection with a “bought deal” private placement of 15,640,000 common shares at a price of $3.70 per share for aggregate gross proceeds of $57.9 million and a senior secured credit facility with Macquarie Bank Limited (Macquarie) providing for an amortizing three-year term loan in the principal amount of US$90 million. The net proceeds of the private placement and the credit facility were used to finance a portion of the acquisition consideration for the shares of Orbis Gold Limited acquired by SEMAFO pursuant to a public offer in Australia.