Financing / Lending

Our Group

Miller Thomson’s Financing/Lending Group consists of a multi-disciplinary team of lawyers across the country, with extensive worldwide affiliations through the Multilaw global network, offering broad expertise for all types of lending transactions.

Our Clients

We represent Canadian and foreign banks, and other commercial lenders, including: trust and insurance companies, pension funds, credit unions, finance companies, government loan agencies and governments. We also represent corporate borrowers in all sectors in their dealings with banks and other lenders.

Our Expertise

We have extensive experience in domestic and cross-border lending/financing transactions for clients in all industries and areas of the economy, with particular expertise in automotive, marine, sports franchise, telecom and real estate finance. We are involved in structuring and implementing all types of lending/financing transactions involving both syndicated and single lender loans, project finance, acquisition finance, term loans, financing of day-to-day operations, asset based lending and special loans.

We also work closely with lawyers in other departments of the firm, including Insolvency and Restructuring, Real Estate, Capital Markets/Securities and Tax. These synergies enable us to provide our clients with a depth of knowledge in a broad range of areas necessary to provide sound advice and meaningful solutions.

Our Experience

• Represented a syndicate of lenders led by The Bank of Nova Scotia regarding senior secured financing arrangements in favour of a significant niche commodity hauler, transportation and infrastructure company in Western Canada and represented the senior secured parties in the negotiation of a highly complex inter-creditor agreement with, among others, Computershare Trust Company of Canada as trustee for the noteholders of certain second lien guaranteed notes
• Represented a syndicate of lenders led by The Bank of Nova Scotia concerning C$260,000,000 credit facilities established in favour of a marine transportation, ship repair and marine engineering services company.
• Represented a syndicate of lenders led by The Bank of Nova Scotia concerning a US$250,000,000 credit facility (together with a US$150,000,000 accordion feature) established in favour of a full service international pharmaceutical company.
• Represented a syndicate of lenders led by The Bank of Nova Scotia in respect of a C$80,000,000 credit facility in connection with the acquisition of a National Hockey League franchise.
• Represented a syndicate of lenders led by the Canadian subsidiary of a foreign bank concerning a C$134,000,000 credit facility established in favour of an Ontario grain wholesaler.
• Represented a syndicate of lenders led by Bank of Montreal in respect of a C$ 135,000,000 senior credit facility for an international carpet manufacturing company.
• Represented a syndicate of lenders led by The Royal Bank of Scotland Plc concerning a U.S. $1,880,000,000 acquisition financing of Port Lands.
• Represented a syndicate of lenders led by Merrill Lynch International in respect of a €1,850,000,000 senior secured credit facility in favour of an international Petroleum company.
• Represented a syndicate of lenders led by The Governor and the Company of the Bank of Scotland concerning a US$363,000,000 senior credit facility established in favour of a leading manufacturer of personal fall protection and rescue equipment.
• Represented a syndicate of lenders led by JP Morgan Chase Bank in respect of a $100,000,000 credit facility established in favour of a manufacturer of wood products.
• Represented a syndicate of lenders led by ICICI Bank UK Limited concerning worldwide credit facilities in favour of an international producer of cement.
• Represented a syndicate of lenders led by The Royal Bank of Scotland in respect of a $9,000,000,000 financing established in favour of a steel company.
• Represented National Bank of Canada concerning several acquisition financings in favour of a multi-material recycling and waste disposal company.
• Represented two Canadian banks regarding the establishment of a government backed $210,000,000 credit facility in favour of an agricultural not-for-profit entity.
• Represented a customer management relationship company concerning an asset based $35,000,000 senior operating and term facility from a syndicate of lenders led by GE Canada Finance Holding Company.
• Represented a leading manufacturer of packaging for consumer products in respect of the combined borrowing of US$735 million and €636 million from a syndicate of lenders led by Deutsche Bank AG New York Branch.
• Represented a Canadian subsidiary of a major U.S. diversified wholesale distributor of construction and maintenance-related products regarding its U.S. $2,100,000,000 acquisition and operating facility.
• Represented an international engineering and consulting company in respect of a C$70,000,000 credit facility from a syndicate of lenders led by Bank of Montréal.
• Represented a manufacturer of valves and related equipment for water treatment and wastewater industries concerning a C$ 14,000,000 acquisition financing from Wells Fargo Business Credit Canada ULC.
• Represented a REIT in respect of C$400,000,000 credit facility from a syndicate of lenders led by Bank of Montreal regarding the acquisition and development of its industrial portfolio.
• Represented a REIT in respect of C$50,000,000 credit facility from a syndicate of lenders led by The Bank of Nova Scotia in respect of the acquisition and development of its retail portfolio.