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Kobchai Nitungkorn

Senior Associate

Biography

Kobchai Nitungkorn is a senior associate in Tilleke & Gibbins’ corporate and commercial department in Bangkok. His primary area of practice focuses on projects, corporate law, and mergers and acquisitions.

Kobchai has extensive experience advising businesses on various legal matters, including mergers and acquisitions, joint ventures, venture capital, project development, energy projects, and the full range of corporate and commercial transactions. He regularly works with companies across a wide range of sectors, such as manufacturing, retail, e-commerce, technology, financial services, consumer products, food and beverages, transportation and aviation, petrochemicals, insurance, infrastructure, and energy. He is experienced in leading legal due diligence and drafting and negotiating commercial contracts for M&A transactions. He is also experienced in advising on and negotiating transaction documents for the development of energy projects in Thailand and the region. He also advises companies in relation to corporate governance, foreign investment regulations, corporate restructuring, regulatory compliance, and administrative laws.

Prior to joining Tilleke & Gibbins, Kobchai worked in the Bangkok office of a leading international law firm, where he assisted clients with M&A transactions, energy and other major investment projects, and matters related to government contracts. Kobchai holds an LLM from Columbia Law School and an LLB from Chulalongkorn University.

Experience

  • Represented Italian-Thai Development Public Company Limited, a SET-listed construction conglomerate and leader in infrastructure construction of Thailand, in its issuance of 49.90% of the subscription shares in APPC Holding Company Limited, a wholly owned subsidiary of ITD and holding company owning 90.00% of the total shares in Asia Pacific Potash Corporation Co., Ltd., a concessionaire with exploration and production rights in a 26,446-rai underground potash mining concession in Udon Thani Province. This transaction, valued at USD 400 million, was a landmark in mining development for Thailand as the project was the country’s first underground mine and is expected to generate production of 2.1 million tons annually, which would reduce Thailand’s need to import potash.
  • Represented one of Thailand’s top private power producers in the THB 3.3 billion acquisition of a 100% interest in a subsidiary of one of the biggest power-producing companies in Thailand.
  • Represented one of the world’s biggest poultry processors and marketers in its acquisition of a poultry business in Thailand as part of a global acquisition strategy. Upon completion, its market share in Thailand would make it the second biggest player in the market.
  • Represented IDX-listed PT Kalbe Farma Tbk., through its subsidiary Kalbe International Pte. Ltd., in its acquisition of a 49% stake in Alliance Pharma Co., Ltd., a leading distributor of medical devices and pharmaceutical products in Thailand.
  • Represented a leading retail company in its THB 1.2 billion acquisition of land, buildings, leasehold rights, lease agreements with retailers, and certain inventory from the State Railway of Thailand for a piece of property that was previously home to a shopping mall in Bangkok.
  • Represented a listed Japanese consumer goods conglomerate in its acquisition of a market leader in Southeast Asia for hygiene products, including by carrying out due diligence and merger control obligations as both parties were market leaders in Thailand.
  • Represented a private equity firm in connection with an acquisition of shares in a target company which operates beverages business under both owned-operated and franchise outlets in Thailand and neighboring countries.
  • Represented the subsidiary of a leading beer producer in Thailand on the acquisition of the majority of shares in a food company that through its own stores and franchise agreements operates more than 100 outlets, primarily in Thailand.
  • Represented a leading beverage company in its investment as a joint venture partner in a technology company in Thailand that is a leader in the digital mobile space and an expert in social media for e-commerce. The deal involved multiple shareholders and detailed negotiations with the Thai shareholder group.
  • Represented Intouch Holdings Public Company Limited in its acquisition of newly issued shares in Swift Dynamics Company Limited, an operator and provider of a wide range of innovative products and technological services in construction and facility management.
  • Represented a subsidiary of a leading global private equity in its investment, through convertible note financing with an option for conversion to the securities of the company, in a leading startup developer of a popular application in Thailand.
  • Advised a leading listed Thai energy company on establishment of a new subsidiary and drafted agreements in relation to a major business expansion into the retail sector.
  • Represented a trading house in all aspects of establishing a joint venture with a Thai partner for the development of rooftop solar installations in Thailand, which entailed, among other things, advising on the shareholders’ agreement, the private PPA (power purchase agreement) template, rooftop leases, supply and construction agreements, and regulatory considerations.
  • Represented one of the world’s largest duty-free business operators in bid submission, drafting of a joint venture agreement, and negotiating commercial arrangements for a duty-free concession from the Airports of Thailand.
  • Represented a SET-listed energy company in its joint venture with one of the largest integrated petrochemical companies in Asia for development of natural gas-fired cogeneration power plant and associated facilities capable of producing approximately 130 MW of electricity, approximately 160 tons per hour of steam, and water sufficient for the internal use of the cogeneration power plant. The deal involved drafting and negotiation of the joint venture agreement and operational agreement between the joint venture company and the shareholders.
  • Assisted a foreign construction company on all aspects its bid on Laem Chabang Phase 3 Port expansion, one of the flagship infrastructure projects in Thailand’s Eastern Economic Corridor, with an investment value of approximately USD 4.5 billion.
  • Represented a client in the development of 45 MW wind farm project valued at over THB 1 billion (USD 32 million) in Thailand, which entailed assisting the client in obtaining all required project licenses, structuring, and all transaction agreements.
  • Assisted a Thai power plant with submission of its bidding proposal under the SPP Hybrid Firm Program for a 27 MW biomass power plant project.
  • Advised a renewable energy branch of a power plant operator on its planned THB 138 million (approx. USD 4.39 million) acquisition of 100% shares in a 3.425 MW rooftop solar power project in Pathum Thani, Thailand, and assisted the client with the full scope of the proposed transaction, including conducting a comprehensive due diligence exercise, reviewing and commenting on the share purchase agreement, negotiating the terms of the agreement, and closing the deal.
  • Represented a Thai small power producer (SPP) on the development and financing of a major gas-fired, combined-cycle power plant in Thailand, including advice on structuring the EPC contract and drafting all other project agreements.
  • Represented a foreign sponsor in all aspects of developing two 9.8 MW waste-to-energy facilities in Thailand.
  • Represented a project owner in the development of a combined 4.4 MW ground mounted and floating solar project in Thailand.
  • Represented Bangchak Corporation Public Company Limited, a petroleum and energy conglomerate in Thailand, in the drafting of related agreements and establishment of a new subsidiary for a major business expansion into a retail sector.
  • Represented a leading Japanese manufacturer and distributor of ice cream and dairy products in its business expansion into Thailand, which involved matters relating to incorporation and drafting of various agreements.
ABOUT Kobchai

Location

Languages

    Thai

    English

Education

    LLM, Columbia Law School

    LLB, Chulalongkorn University

Insights

Awards & Rankings

Other Professionals