Debt Financing and Banking

Overview

When it comes to Debt Financing and Banking, our highly skilled and multidisciplinary team will be able to address your concerns, whatever they may be, while taking into account all of the intricate rules of this very specific area of law. Our team will guide you through each crucial step of your transaction from negotiations to implementation. Lavery’s expertise in this field is recommended by the 2018 Canadian Legal Lexpert Directory.

Our excellent reputation in Debt Financing and Banking allows us to offer in-depth experience with respect to:

  • Debt financing
  • Subordinated debt and mezzanine loans
  • Hybrid financing – debt and equity
  • Syndicated financing
  • Real estate financing
  • Bridge financing
  • Financing of equipment and aircraft
  • Factoring
  • Lease, leasing and conditional sales agreements
  • Agricultural and farm loans
  • Project financing
  • Asset-based financing
  • Film and tax credits financing
  • Securitization
  • Cross-border financing
  • Derivatives
  • Banking law
  • Creation of security interests on all types of assets
  • Consignment agreements
  • DIP (debtor-in-possession) financing as part of arrangements with creditors

Our specialized knowledge is called upon by public and private companies in cutting-edge industries such as aeronautics and aviation, energy and natural resources, mining and forestry, hydroelectricity, natural gas and liquefied natural gas (LNG), automobile, entertainment, film and sports.

Services

We advise borrowers and lenders for all their financing needs, including in connection with the following services:

  • Drafting and negotiation of loan and credit agreements and related documentation
  • Drafting and negotiation of inter-creditor agreements
  • Creation of security interests in moveable and immoveable property on all types of assets
  • Drafting and negotiation of documentation related to lease, leasing and conditional sales transactions and other types of equipment financing (aircraft, heavy equipment, rolling stock)
  • Drafting of consumer loan documents
  • Negotiation of derivatives contracts (ISDA)

Representative mandates

  • Counsel to the Caisse de dépôt et placement du Québec in the financing of Stornoway Diamond Corporation for a total investment by the Caisse of $100 million in the form of debt, equity and resource streaming (the purchase of part of production)
  • Counsel to Héroux-Devtek Inc. and its Canadian, U.S. and British subsidiaries in the renewal of a $200 million operating line of credit
  • Counsel to the purchaser of the Montréal Canadiens in connection with credit facilities granted to it for the purposes of the acquisition
  • Counsel to a lending syndicate with respect to operating lines of credit in the amount of $148 million granted to a major transportation company headquartered in Québec and to its Canadian and U.S. subsidiaries
  • Counsel to the lender in the financing of the construction and acquisition of a Bombardier Global 6000 business jet for a client of BAL Global Finance Canada Corporation, the Canadian affiliate of Bank of America Leasing. This transaction led to the arrangement of interim financing through progress payments during construction and then permanent financing of the acquisition
  • Counsel to a lending syndicate in the financing in the amount of $81 million granted to a world-renowned manufacturer of particleboard
  • Counsel to a Canadian bank in the financing of up to $50 million for the fleet of vehicles of a major Canadian leasing company and in the negotiation of inter-creditor agreements
  • Counsel to the lender in connection with credit facilities for more than $66 million in favour of a professional sports team and its operators, including the creation of security interests on sports facilities

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