Kathy A. Martin 

Kathy A. Martin

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7889
e: kathy.martin@mcmillan.ca

overview

Kathy is a partner in the Financial Services Group. Her practice is focused on a range of banking and secured lending transactions, including bi-lateral and syndicated financings, subordinated debt, asset-based lending, acquisition finance, project finance, and debtor-in-possession financings. She acts routinely for lenders, including banks, private equity funds and hedge funds, and for borrowers in domestic, cross-border and multi-jurisdictional financing transactions.

Kathy has extensive experience in transactions involving financial institutions, and the mining and manufacturing sectors.

Kathy is also a member of the firm's Inclusion and Diversity Committee.

Representative Matters

  • counsel to a Canadian bank in connection with a $1 billion financing to one of Canada's top financial investment fund managers
  • counsel to a Canadian bank in connection with a $198 million financing involving the restructuring of a major media-based income trust
  • counsel to a syndicate of lenders with respect to a $525 million senior syndicated debt financing and a concurrent US$200 million syndicated debt financing involving one of Canada's largest home developers
  • counsel to various Canadian banks in connection with mid-market financings to investment fund managers by way of investment trusts and flow-through structures
  • counsel to a Canadian bank in connection with a number of unsecured financings to other banks and financial institutions
  • counsel to a Canadian bank in connection with a US$100 million financing to a silver mining company with operations in Mexico, Peru and Argentina
  • counsel to a Canadian bank in connection with a US$60 million financing to an Ontario-based precious metals producer
  • counsel to an investment fund manager and a hedge fund sponsor in connection with a range of financings involving junior producing mining companies operating in various jurisdictions, including Canada, Latin America and Africa
  • Canadian counsel to a foreign bank in connection with a multi-jurisdictional US$1 billion financing to a global manufacturer of brand cleaning products
  • Canadian counsel to a global integrated producer of polymers and fibres in connection with a US$600 million asset-based financing
  • Canadian counsel to a leading global office supplies manufacturer in connection with a US$100 asset-based financing
  • counsel to a North American trucking company in connection with a US$115 million asset-based financing
  • counsel to a major Canadian real estate and investment management company in connection with a $70 million revolving margin facility

Presentations

How To Review A Credit Facility
The Challenges of Raising Capital and Protecting Value: Alternative Sources of Financing

Publications

Does the MAC Have Your Back? The Use of Material Adverse Change Clauses in Canadian Loan Agreements
Ontario Court Rejects Crown Super-Priority for GST Claims in CCAA Proceedings

News

23 McMillan lawyers recognized in 2019 IFLR1000 Financial and Corporate Guide
McMillan lawyers ranked in the 2018 IFLR1000 Financial and Corporate Guide
McMillan acts on best Cross Border Restructuring Deal of the Year
McMillan lawyers ranked in the 2017 IFLR1000 Financial and Corporate Guide
McMillan lawyers rank well in the 2016 IFLR1000 Financial and Corporate Guide

Education

  • Osgoode Hall Law School, LLB - 2000
  • University of Waterloo, MA - 1997
  • University of Waterloo, BA (Hons.) - 1992

Year Of Call

  • Called to the Ontario bar - 2002

Practices

financial services
fintech
secured lending and syndicated finance
project finance
private equity
lending syndicates/secured creditors
security enforcement

Industries

banking
private equity - buyouts & venture capital investment
mining
energy
manufacturing, distribution and retail

Directorships and Professional Associations

  • Canadian Bar Association
  • National Bar Association

Awards & Rankings

  • Recognized by IFLR1000 Financial and Corporate Guide 2019 as Highly Regarded in Banking and Financial Services
  • Recognized in IFLR1000 Financial and Corporate Guide 2018 as a rising star in the area of Banking
vcard

Kathy is a partner in the Financial Services Group. Her practice is focused on a range of banking and secured lending transactions, including bi-lateral and syndicated financings, subordinated debt, asset-based lending, acquisition finance, project finance, and debtor-in-possession financings. She acts routinely for lenders, including banks, private equity funds and hedge funds, and for borrowers in domestic, cross-border and multi-jurisdictional financing transactions.

Kathy has extensive experience in transactions involving financial institutions, and the mining and manufacturing sectors.

Kathy is also a member of the firm's Inclusion and Diversity Committee.

  • counsel to a Canadian bank in connection with a $1 billion financing to one of Canada's top financial investment fund managers
  • counsel to a Canadian bank in connection with a $198 million financing involving the restructuring of a major media-based income trust
  • counsel to a syndicate of lenders with respect to a $525 million senior syndicated debt financing and a concurrent US$200 million syndicated debt financing involving one of Canada's largest home developers
  • counsel to various Canadian banks in connection with mid-market financings to investment fund managers by way of investment trusts and flow-through structures
  • counsel to a Canadian bank in connection with a number of unsecured financings to other banks and financial institutions
  • counsel to a Canadian bank in connection with a US$100 million financing to a silver mining company with operations in Mexico, Peru and Argentina
  • counsel to a Canadian bank in connection with a US$60 million financing to an Ontario-based precious metals producer
  • counsel to an investment fund manager and a hedge fund sponsor in connection with a range of financings involving junior producing mining companies operating in various jurisdictions, including Canada, Latin America and Africa
  • Canadian counsel to a foreign bank in connection with a multi-jurisdictional US$1 billion financing to a global manufacturer of brand cleaning products
  • Canadian counsel to a global integrated producer of polymers and fibres in connection with a US$600 million asset-based financing
  • Canadian counsel to a leading global office supplies manufacturer in connection with a US$100 asset-based financing
  • counsel to a North American trucking company in connection with a US$115 million asset-based financing
  • counsel to a major Canadian real estate and investment management company in connection with a $70 million revolving margin facility
May 7, 2015
How To Review A Credit Facility
Webinar, Canadian Corporate Counsel Association
June 20, 2014
The Challenges of Raising Capital and Protecting Value: Alternative Sources of Financing
Co-presenter, OBA CLE on Cross-Border Issues in Energy, Mining and Natural Resources