Sudeep Simkhada

Sudeep has over a decade of experience advising clients on sophisticated corporate, M&A, and securities matters, including compliance with U.S. Securities and Exchange Commission rules, state securities laws, and stock exchange requirements.

His practice focuses on providing U.S. legal advice to Canadian and other foreign issuers in connection with cross-border capital markets transactions, including private placements (Regulation D and Regulation S), Regulation A+ offerings, and access to U.S. trading markets such as OTCQX and OTCQB. He regularly advises on SEC reporting obligations, foreign private issuer compliance, and shareholder threshold analysis under Section 12(g).

Sudeep also advises on business combinations, U.S. market entry, and ongoing corporate and securities law matters for international companies engaging with U.S. investors.

He additionally advises founders and growth companies on U.S. and Canadian business immigration matters, often in connection with cross-border expansion and capital raising initiatives.

University of California, Berkeley School of Law, J.D., 2012, Berkeley, CA

Texas Tech University, M.A., 2009, Philosophy, Lubbock, TX

Dickinson State University, B.S., 2006, summa cum laude, Mathematics & Writing, Dickinson, ND

Minnesota, USA

Ontario, Canada

Licensed Foreign Legal Consultant (Ontario)

Nepal (inactive)

• Represented Flora Growth Corp. (NASDAQ: FLGC) and IntelGenx Technologies Corp. in their Regulation A+ offerings*
• Represented Endeavour Silver Corp. (NYSE:EXK) (TSX:EDR) in its various SEC registered offerings, including “at-the-market” (ATM) offerings of up to US$35.7 million worth of its common shares and US$73 million underwritten bought-deal offering*
• Represented syndicate led by BMO Capital Markets Corp. and RBC Capital Markets, LLC in their capacity as sales agents for various “at-the-market” (ATM) offerings of Coeur Mining, Inc. (NYSE: CDE) totaling US$200 million*
• Represented Akerna Corp. (NASDAQ: KERN) in its asset sale and merger transactions pursuant to a registration statement on Form S-4 to Gryphon Digital Mining, Inc., and 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. (TSX: G) 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 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*

US Listings

• Advised Canopy Growth Corporation and Aphria Inc. on their NYSE Listings*
• Advcised 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*

*The representative matters are from prior experience.