Sudeep Simkhada
PEOPLE

Sudeep Simkhada

Senior Attorney
simkhada.sudeep@dorsey.com
Toronto P +1 (416) 367-7373 F +1 (416) 367-7371

Overview

Sudeep facilitates cross-border transactions by assisting issuers and underwriters to access the U.S. capital markets. Sudeep brings passion and dedication to help clients achieve their goals.
Sudeep helps companies raise capital. Sudeep also advises clients in their regulatory and compliance issues, including compliance with the rules and regulations of the Securities and Exchange Commission, state securities bureaus and self-regulatory organizations, and he helps prepare periodic and current reports by public companies. Sudeep also provides U.S. legal advice to Canadian and other foreign issuers in connection with NASDAQ and NYSE listings, private and public debt and securities offerings, business combinations and general corporate matters related to United States business expansion. Sudeep specializes in cross-border private placement offerings.

Education & Admissions

University of California, Berkeley, School of Law (J.D., 2012)

Texas Tech University (M.A., Philosophy, 2009)

Dickinson State University (2006), summa cum laude

Admissions

  • Minnesota
  • Licensed Foreign Legal Consultant in Ontario

Languages

  • Nepali, Hindi, Urdu

Experience

Recent Financing Activities

  • Represented enCore Energy Corp. (NYSE American: EU) (TSXV: EU) in its “at-the-market” (ATM) offering of up to US$70 million worth of its common shares
  • Represented Endeavour Silver Corp. (NYSE:EXK) (TSX:EDR) in its “at-the-market” (ATM) offering of up to US$35.7 million worth of its common shares
  • Represented BMO Capital Markets Corp. and RBC Capital Markets, LLC in their capacity as sales agents in the US$50 million and the subsequent US$100 million “at-the-market” (ATM) offerings of Coeur Mining, Inc. (NYSE: CDE)
  • Represented Akerna Corp. (NASDAQ: KERN) in its US$10 million follow-on underwritten public offering of units and pre-funded units
  • Represented Assure Holdings Corp. (NASDAQ: IONM) in its US$6.2 million underwritten public offering pursuant to an effective shelf registration statement on Form S-3 and in its US$6 million underwritten public offering pursuant to its registration statement on Form S-1
  • Represented Augusta Gold Corp. in its Cdn.$11.5 million bought deal offering of units pursuant to an effective shelf registration statement on Form S-3 and in Canada pursuant to the "northbound" multi-jurisdictional disclosure system)
  • Represented the syndicate of underwriters led by Goldman Sachs in the US$1 billion follow-on offering of Avantor, Inc.*
  • Represented the underwriters in the US$424.8 million U.S. IPO of Nuvei Corporation (NASDAQ: MEI) (TSX: NVEI)*
  • Represented Sculptor Acquisition Corp. I in its IPO*
  • Represented Planet Fitness, Inc. in its whole-business securitization transaction*
  • Represented Integra Resources Corp. in its “at-the-market” (ATM) offering of up to US$25 million common shares
  • Represented Sandfire Resources America Inc. in its rights offerings in the US pursuant to Form F-7 registration statements
  • Represented SilverCrest Metals Inc. in its Form F-10 shelf registration of up to Cdn.$200 million of common shares, warrants, subscription receipts, debt securities and units, and Cdn.$92 million underwritten bought deal of common shares pursuant to Form F-10 registration statement
  • Represented Acreage Holdings, Inc. in its qualifying distribution pursuant to Form F-10 prospectus supplement of up to US$50 million units issuable upon automatic exercise of privately placed special warrants and exercise of certain purchaser’s option and in its Form F-10 shelf registration of up to US$800 million of subordinate voting shares, debt securities, warrants, subscription receipts and units
  • Represented Energy Fuels Inc. in its various “at-the-market” (ATM) offerings and a standalone offering pursuant to Form S-3 registration statement
  • Represented Titan Medical Inc. in its brokered units offering of up to US$25 million pursuant to Form F-10 registration statement
  • Represented CGX Energy Inc. in its rights offering in the US pursuant to Form F-7 registration statement
*The representative matters are from prior experience.

Recent Listing Activities

  • Counsel to Canopy Growth Corporation and Aphria Inc. on their NYSE Listings
  • Counsel to Titan Medical Inc. on its NASDAQ listing
  • Advised and successfully quoted securities of over a dozen Canadian issuers on the OTCQX or the OTCQB markets

Industries & Practices

  • Banking & Financial Institutions
  • Canada Cross-Border Transactions
  • Capital Markets
  • Corporate Governance & Compliance
  • Energy & Natural Resources
  • Healthcare & Life Sciences
  • Mergers & Acquisitions
  • Mining

Accolades

Contributed 50+ Pro Bono Hours in 2020

  • Contributed more than 50 Challenge pro bono hours, 2020
Sudeep Simkhada