Carlyle turns to Latham for China LBO

Latham & Watkins is acting for longstanding client Carlyle Group on the largest leveraged buyout in China – the $371m (£210m) takeover of Xugong Group Construction Machinery, China’s largest construction equipment producer.

Carlyle bought an 85 per cent stake in Xugong from the city government of Xuzhou.

It is understood that the landmark deal, which is likely to lead to new private equity opportunities in China, took two years to negotiate.

A cross-border Latham team advised on the deal, led by Hong Kong corporate partner David Zhang along with Hong Kong associate Daniel Lai, and consulted local independent lawyers How Chun Fai and Wang Zheng on Chinese domestic law.

Financing aspects were handled by Hong Kong partner Mitchell Stocks and associate Rob Mason. New York tax partner Jed Brickner covered Employee Retirement Income Security Act issues.

It is understood that Carlyle will fund the deal from its own resources to avoid significant debt being taken on by the acquired company.

Chinese firm Haiwen & Partners advised Xugong on the deal.