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Banking & Financial Services

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Davis LLP has been providing legal expertise to lenders since the firm's inception in 1892. Through its seven offices across Canada and office in Tokyo, the Banking & Financial Services Practice Group provides comprehensive advice and services to a wide range of Canadian chartered banks, off-shore banks, non-bank financial institutions (including credit unions) and non-institutional lenders in connection with the structuring and implementing of a range of debt transactions including:

  • Working capital (asset based) loans
  • Trade finance
  • Project finance transactions (most recently, cross-border project finance transactions related to public-private partnerships)
  • Bond/debenture capital markets debt transactions
  • Securitization transactions

Our Group is experienced in all transactions ancillary to debt transactions including swaps and hedging transactions, letters of credit and monoline insurance products.

The Banking & Financial Services Group draws on the expertise of other practice groups within Davis including:

  • Structuring and advising on various tax aspects of loan transactions, including the availability of withholding tax exemptions, through our Tax Group.
  • Structuring and advising on various realization transactions through our Insolvency Group
  • Structuring and securing specialized industry financings through our Forestry, Intellectual Property, Mining and Real Estate Groups.

Our Group also provides collections counsel, regulatory advice and compliance advice to financial institutions such as banks, credit unions and financing companies.

Representative Clients and Transactions

  • Acted as co-counsel to Brascan Corporation in relation to a special purpose finance vehicle on a $400 million cross-border bond issue.
  • Acted for a banking syndicate led by Royal Bank of Canada in connection with the financing of Tolko Industries Ltd.'s takeover of Riverside Forest Products Ltd.
  • Acted for a banking syndicate led by Canadian Imperial Bank of Commerce in the establishment of a $200 million term credit facility for Westcoast Energy Inc.
  • Acted for a banking syndicate led by Bank of Nova Scotia in the establishment of a $300 million commercial paper backstop facility for Union Gas Limited,
  • Acted for a banking syndicate led by Bank of Nova Scotia in the establishment of a $120 million term credit facility for Westshore Terminals Income Fund.
  • Acted for an international banking syndicate led by Bank of Montreal in the establishment of a construction financing facility for Highway 407 International Inc. in connection with the Highway 407 private highway project in Toronto Ontario - $425 million.
  • Acted for a international banking syndicate led by Bank of Montreal and Bank of America in the establishment of a $165 million acquisition finance facility for TransCanada Power in connection with the acquisition of the NW Energy Power Generation Plant at Williams Lake, British Columbia.
  • Acted for Marubeni Corporation and Nissho Iwai in the project financing and construction financing of the Monywa Copper Project in Burma (Myanmar) - US$90 million.
  • Acted for Marubeni Corporation, Mitsubishi Materials Ltd., Dowa Mining Co., Ltd. and Furukawa Mining in the establishment of a construction financing facility for Huckleberry Mine Ltd., at Smithers, British Columbia - US$60 million.

Recognition

  • Members of our Banking & Financial Services Group are recognized as leading lawyers in their field by LEXPERT, Chambers Global Guide and Martindale-Hubbell.


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