Kirk

Kirk Lamb

Partner

403.260.5739
kwl@bdplaw.com
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Education:
University of Calgary, Bachelor of Laws, 2007

Princeton University, Bachelor of Arts, Honours Economics, 2001

Bar admission: Alberta 2008
Industries:
Agribusiness, food and beverage, Construction, Oil and gas, Start-up and early-stage companies, Technology
Practice areas:
Business law, Corporate reorganizations, Tax

Experience

Kirk's focus is on: 

Advising Canadian and foreign public, widely-held private, closely-held private, owner-manager, and private equity corporations, partnerships, trusts, mutual fund trusts and joint ventures in respect of the following areas:

Mergers, acquisitions, and reorganizations

  • Asset, equity and debt purchase and sale transactions
  • Consideration consisting of cash, equity, debt, preferred securities, options and warrants, exchangeable securities, convertible securities, contingent value rights, and deferred/conditional/earnout structures
  • Arrangement agreements and plans of arrangement, takeover bids, exempt takeover bids, pre-acquisition agreements, share purchase and sales, partnership interest purchase and sales, trust unit purchase and sales, asset purchase and sales, hybrid purchase and sales, amalgamation agreements
  • Pre- and post-closing transactions, corporate/partnership consolidation, asset transfers and consolidation, pre-closing asset packaging and sale transactions, post-closing asset packaging and sale transactions, pre-closing spinouts of exploratory, early stage and established business segments

Corporate and project finance

  • Equity lines of credit
  • Preferred return and "waterfall" structures
  • Investments in shares, partnership interest, trust units, notes, debentures, subscription receipts, units, options and warrants, deposit receipts
  • Bank, public and private debt financing
  • Inbound and outbound financing
  • Inbound and outbound business expansion

Business entity formation and structuring

  • Corporations, partnerships, trusts, joint ventures
  • Equity, debt, preferred securities, purchase rights, exchangeable securities, convertible securities
  • Share class structures, partnership unit structures, partnership agreements, unanimous shareholder agreements, trust indentures, joint venture agreements, option agreements

Employment and employment compensation benefits arrangements

  • Stock option plans
  • Restricted and performance share unit plans
  • Performance shares
  • Performance warrants
  • Stock appreciation rights
  • Phantom share unit plans
  • Cash bonus plans (deferred and current)
  • Profit sharing plans
  • Employee share purchase plans (treasury- and market-based plans)
  • Retirement compensation arrangements
  • Employee benefit plans
  • Employee share trusts

Legal tax due diligence

  • Corporate history
  • Tax compliance status
  • Tax payment status
  • Audits, reassessments, reviews, investigations, information request letters
  • Tax returns, assessments, elections, and other filings
  • Organizational minute/record books
  • Distributions and shareholder returns
  • Debt financing arrangements
  • Closing books relating to material transactions
  • Acquisitions of control
  • Internal memos and opinions
  • Tax accounts, attributes, and pools
  • Material contracts
  • Shareholder voting and trust agreements
  • Employment compensation arrangements

Representative work

Gear Energy

Counsel to Gear Energy on its spinout and sale transaction ($170 million).

$10 million infrastructure project

Counsel to transportation infrastructure company on financing and development of infrastructure project ($10 million)

Advantage Energy bought deal subscription

Counsel to Advantage Energy on its bought deal subscription receipt and convertible unsecured subordinated debentures ($190 million)

Advantage Energy

Counsel to Advantage Energy on its acquisition of Charlie Lake / Montney assets ($450 million)

$30 million acquisition

Counsel to private oil & natural gas company on its acquisition of private oil & gas company ($30 million)

Crew Energy

Counsel to Crew Energy on its acquisition by Tourmaline ($1.4 billion)

$585 million acquisition

Counsel to public company on its acquisition of Canadian oil & natural gas assets ($585 million)

$5 million private equity financing

Counsel to private oil & natural company on private equity financing ($5 million)

$225 million private equity investments

Counsel to private technology company on private equity investments ($225 million)

Flair Airlines

Counsel to Flair Airlines on its capital and debt refinancing and restructuring

Whitecap and Topaz purchase and sale agreement

Counsel to Whitecap Resources Inc. for the sale of a 50% interest in its Musreau facility to Topaz Energy for gross proceeds of $100 million and a strategic partnership with Pembina Gas Infrastructure Inc. for gross proceeds of $420 million involving the sale of a 50% stake in its Kaybob complex, a commitment by PGI to fund the development of a new battery in the Lator area and related agreements for downstream transportation and processing

Sale of drilling technology company

Counsel to private equity on its sale of oil & natural gas drilling technology company.

Acquisition of luxury goods retailer

Counsel to private equity on acquisition of luxury goods retailer ($65 million)

Sale to Obsidian Energy

Counsel to private company on sale of oil & natural gas assets to Obsidian Energy ($76 million)

Whitecap Resources sale to Pembina

Counsel to Whitecap Resources on its sale to and strategic infrastructure partnership with Pembina for the Kaybob Complex and Lator Facility ($420 million)

Step Energy

Counsel to special committee of Step Energy on its take-private transaction ($350 million)

Acquisition of Summerland Energy

Counsel to Clear North on its acquisition of Summerland Energy ($69 million).

$440 million acquisition

Counsel to widely held private oil & natural gas company on its acquisition by private equity ($440 million)

Calima Energy acquisition of Blackspur

Counsel to Calima Energy and Blackspur on acquisition of Blackspur by Astara ($75 million)

$12 million private equity financing

Counsel to private oil & natural gas company on reorganization and private equity financing ($12 million)

$34 million private equity financing

Counsel to private mortgage brokerage on private equity financing and buyout ($34 million)

Certarus acquisition by Superior Plus

Counsel to Certarus on its acquisition by Superior Plus ($1.5 billion)

$80 million memorandum financing

Counsel to private real estate mutual fund trust on its offering memorandum financing ($80 million)

Private company reorganization and consolidation

Counsel to public company on its internal reorganization and consolidation ($6.7 billion)

Trade of public agriculture manufacturing company

Counsel to public agriculture manufacturing company on the secondary trade by foreign investor of 90% of the shares of the company ($60 million)

$50 million equity line of credit financing

Counsel to US private equity investor in its equity line of credit financing of new oil and gas exploration and development company ($50 million)

Buyout of minority shareholder

Counsel to private manufacturing and agricultural company in its reorganization and management buyout of minority shareholder ($19 million)

Sale of assets to public company

Counsel to private oil and gas company on sale of assets to public company ($34 million)

Sale of Boulder Energy

Counsel to West Lake on the sale of its wholly owned subsidiary, Boulder Energy, to Highwood Asset Management ($98 million)

Coelacanth Energy $80 million financing

Counsel to Underwriters on the Coelacanth Energy bought-deal unit (shares and warrants) financing ($80 million)

Private energy transition company $20 million financing

Counsel to private energy transition company on its foreign-private equity financing ($20 million)

Peyto Exploration $600 million acquisition

Counsel to Peyto Exploration on its acquisition of Repsol Canada assets and partnership ($600 million)

Peyto Exploration $201 million financing

Counsel to Peyto Exploration bought-deal subscription receipt equity financing ($201 million)

AltaGas acquisition of assets from Tidewater Midstream

Counsel to AltaGas on its acquisition of pipestone assets and partnership from Tidewater Midstream and Infrastructure ($650 million)

Sale of Cor4 Oil Corp.to International Petroleum Corp.

Counsel to private equity on the sale of Cor4 Oil Corp.to International Petroleum Corp. ($84 million)

Durham Creek acquisition by Lycos Energy

Counsel to Durham Creek on its acquisition by Lycos Energy ($32.5 million)

$75 million private acquisition

Counsel to private company on its acquisition of a private company ($75 million)

Storm Development acquisition from ARC Resources

Counsel to Storm Development on its acquisition of assets from ARC Resources ($60 million).

International oil and gas company trade of common shares

Counsel to private international oil and gas company on a secondary market block trade of common shares ($145 million).

Private oil and gas operator pipeline development

Counsel to private oil and gas operator in respect of pipeline development, transportation services and financing joint venture with private equity and debt financier ($100 million).

Financing of new private company

Counsel to new oil and gas company on a management and brokered private placement ($185 million) 

Acquisition of Amicus Petroleum

Counsel to private company on its acquisition of Amicus Petroleum ($37 million).

Public company internal reorganization and consolidation

Counsel to public company on its internal reorganization and consolidation ($700 million).

Acquisition of private limited partnership

Counsel to public oil and gas company on its acquisition of private limited partnership ($14 million).

Peyto Exploration acquisition of Birchill Canada

Counsel to Peyto on its acquisition of Birchill Canada ($22 million).

Topaz Energy acquisition of Keystone Royalty Corp.

Counsel to Topaz on its acquisition of Keystone Royalty Corp. ($80 million).

Acquisition of Glenogle Energy

Counsel to Astara Energy on its acquisition of Glenogle Energy ($25 million).

Financing of new private company

Counsel to new private company on its private equity, management and arm's length financing ($185 million).

Sale of Crestwynd Exploration sale to Tamarack Valley

Counsel to Crestwynd Exploration on its sale to Tamarack Valley ($185 million).

Rolling Hills acquisition by Tamarack Valley

Counsel to Rolling Hills in its acquisition by Tamarack Valley ($160 million).

DIALOG Group Berhad acquisition of Pan Orient Energy

Counsel to DIALOG Group Berhad on its acquisition of Pan Orient Energy ($50 million).

Whitecap acquisition of XTO Energy

Counsel to Whitecap on its acquisition of XTO Energy ($1.9 billion).

InPlay Oil Corp.'s Acquisition of Prairie Storm

Counsel to InPlay Oil Corp. in its acquisition of Prairie Storm Resources Corp. and concurrent bought deal public offering of subscription receipts of InPlay ($50 million).

Brokered private placement of oil and gas company

Counsel to new oil and gas company on the management and brokered private placement ($185 million).

Woodcote Petroleum acquisition by Tamarack Valley

Counsel to Woodcote Petroleum on its acquisition by Tamarack Valley ($43 million)

$160 million sale of Astra Oil

Counsel to Astra Oil on its acquisition by Surge Energy ($160 million).

Kicking Horse Oil & Gas Ltd.'s $354 million acquisition by Whitecap Resources Inc

Counsel to Kicking Horse on its acquisition by Whitecap Resources ($354 million)

$25 million equity line of credit financing

Counsel to new private oil and gas company on its private equity and management equity line of credit financing ($25 million).

Spartan Delta acquisition of Velvet Energy

Counsel to Velvet Energy on its acquisition by Spartan Delta ($752 million).

AgJunction Inc. sale to Kubota Canada Ltd.

Counsel to AgJuncation in its $91 million sale to Kubota Canada Ltd., a subsidiary of Kubota Corporation of Japan, by way of a Plan of Arrangement

Sale of entities to Topaz Energy Corp.

Lead counsel for Reserve Royalty Management Inc. and Reserve Royalty Management Inc. in the negotiation, execution and closing of an agreement to sell all issued and outstanding units of Reserve Royalty Commercial Trust and related entities to Topaz Energy Corp. for approximately $26 million, payable through the issuance of 1,794,886 Topaz shares.

Awards

Recognized by Best Lawyers in Canada in Tax Law (2025)