Restructuring & Insolvency

CORPORATE RESTRUCTURING & INSOLVENCY

McMillan LLP is one of Canada’s leading corporate insolvency and restructuring law firms. We have an outstanding track-record of achieving successful outcomes for our clients in a broad range of financially challenging situations. Our highly skilled team includes top ranked lawyers known for their expertise and creative problem-solving, allowing McMillan to deliver the highest standards of transactional and structuring leadership and commercial advocacy. We have an earned reputation as thought-leaders in the industry.

We regularly work with financially challenged companies, boards of directors, Canadian and US financial institutions, lending syndicates, bondholders, investors, ad hoc and official creditors’ committees, court-appointed officers and major customers and suppliers of insolvent companies to deliver comprehensive solutions to the most challenging problems. We pride ourselves on working with clients to lead consensus around creative and practical solutions, while remaining strong advocates for their interests.

A focus on client needs is the foundation of the restructuring group’s service model. Client goals drive how we build the right legal team and leverage our own expertise and that of McMillan’s industry-focused specialists. Our restructuring and insolvency lawyers have led restructurings and distress M&A transactions in the mining, oil and gas, newspaper, paper, packaging products, forestry, consumer products, automotive, manufacturing, real estate, cannabis, advertising and media, biomedical, patent, and trademark and other intellectual property industries.

CROSS-BORDER RESTRUCTURING

In the global economy, businesses and corporate groups often span multiple countries and have capital providers, customers, suppliers and other stakeholders with businesses outside of their home jurisdiction. When a business that operates across borders becomes insolvent, the multijurisdictional nature of its business can add unexpected layers of legal and regulatory complexity. McMillan LLP’s restructuring and insolvency team specializes in facilitating corporate cross-border restructuring transactions and proceedings for a variety of stakeholders, with expertise in developing and executing creative and practical cross-border bankruptcy and restructuring strategies and solutions. The breadth of McMillan’s cross-border expertise in other specialized areas of business law, such as such as tax, public markets, private and public debt financing, and derivatives, offers our clients the comprehensive legal advice critical to optimal cross-border structuring.

McMillan’s corporate restructuring professionals work with clients to structure joint and parallel insolvency filings involving Canada and other countries and coordinate Canadian proceedings with US Chapter 11 and Chapter 15 cases. We frequently collaborate with international law firms in cross-border insolvency cases, leveraging our excellent relationships with bankruptcy and insolvency practitioners in the US and other jurisdictions. We have advised on Canadian and cross-border deal structures, sales processes, negotiation of sale terms and procuring court approval orders for distressed M&A transactions, recapitalization and refinancing transactions, including structure and documentation for existing and distressed debt facilities, and represented US creditors’ committees in Canadian proceedings.

CHALLENGED COMPANIES & DEBTOR MANDATES

Whatever the source of financial difficulty, enterprises require unbiased assistance from a restructuring law firm that understands the complicated landscape of legal options, risks, strategies and challenges facing a company in distress. McMillan’s restructuring and insolvency lawyers have experience representing and advising companies and boards of directors at all stages of restructuring, both in the boardroom and the courts. We know how to lead restructurings

and develop and implement creative and pragmatic solutions tailored to our client’s most pressing needs Our lawyers work closely with other restructuring professionals, stakeholders and investors, including financial advisors, investment bankers, equity and other fund managers, and in-house and foreign counsel, to deliver a seamless and coordinated approach to a company’s restructuring.

McMillan LLP works regularly with financially challenged companies, boards of directors, Canadian and US financial institutions, lending syndicates, bondholders, investors, ad hoc and official creditors’ committees, court-appointed officers and major customers and suppliers of insolvent companies. We advise on the formulation, approval and implementation of restructuring plans and arrangements, negotiate with key stakeholders and stakeholder groups, execute restructuring and downsizing initiatives to address troubled debt, and advise on asset sales effected through a restructuring proceeding.