Asset Finance & Secured Lending

Syndicated finance and secured loans are frequent sources of new capital for corporations in North America. To reduce risk and improve profits, borrowers and lenders alike require expert advice from financial services lawyers who understand what degree of risk lenders and borrowers are willing to accept, in any given market environment. McMillan’s Financial Services Group has this type of expert insight into the dynamics of today’s financial markets. We represent both lenders and borrowers in a variety of secured lending transactions, including bi-lateral lending, syndicated lending, asset-based lending, subordinated debt financings, acquisition financings and debtor-in-possession financings.

McMillan’s diverse experience in domestic, cross-border and multi-jurisdictional financing transactions gives us deep domain expertise across the syndicated lending sector. We advise clients on structuring, documenting and implementing sophisticated financing arrangements tailored to reflect the unique objectives of each transaction. On the lender side, we work with major Canadian and international commercial banks, institutional investors and other financial institutions. And on the borrower side, we assist corporations, private equity groups, sponsors and funds.

For all secured lending transactions that we help facilitate, our focus is on understanding your objectives and delivering creative, practical solutions throughout the process. Our experience in asset finance and secured lending is complemented by expertise in workouts, bankruptcy, asset liquidation and, if necessary, litigation.

McMillan secured lending professionals helps clients by:

• Structuring investment grade syndicated and bilateral lending facilities
• Structuring second lien facilities and mezzanine facilities
• Structuring asset-based lending facilities
• Drafting terms sheets, and loan and security documentation
• Negotiating terms between arrangers and borrowers
• Performing due diligence and perfecting liens
• Advising on private placement financings
• Advising on relevant regulatory and compliance issues
• Designing and implementing bridge facilities, both to bridge equity issuances and bond issuances
• Advising on restructurings and workouts