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David Fendley is a seasoned financial services lawyer specializing in corporate financing. With a proven track record, he excels in orchestrating high-stakes financial transactions, including both domestic and international bilateral and syndicated financings for agents, lenders and borrowers, commercial real estate acquisitions/divestitures, leasing and financings, as well as with general corporate and commercial matters.

David is dedicated to representing lenders and borrowers in debt financing transactions including acquisition financing, project financing, asset-based lending and short-term relief financing.  Additionally, he provides strategic counsel to numerous borrowers, skillfully guiding them through the complexities of obtaining loans for the acquisition of shares, assets, and real property. David’s commendable track record underscores his commitment to delivering timely, results-oriented, and valuable advice to clients pursuing various business objectives, whether initiating, expanding, enhancing operations, or securing financing.

Expertise

Industries

Practices

Representative Matters

  • Advised in relation to series of independent loans to large-scale agribusiness operators. Loans ranged in value from approximately $50 million to $100 million and were secured by real property, agricultural quotas (including Dairy, Layer and Broiler) and other security agreements.
  • Acted for borrower on CA$175 million multi-jurisdictional syndicated asset backed revolving credit facility, secured by mortgage and general security interest, and guaranteed by several corporate entities and individuals.
  • Acted for borrower on CA$170 million syndicated multi-jurisdictional Amended and Restated Credit Agreement secured by mortgage and general security interest and guaranteed by several corporate entities.
  • Acted for borrower on CA$50 million Equipment Inventory Financing Agreement. Numerous priority agreements and multi-jurisdictional aspects across Canada and in the US were present. Agents were coordinated in Western Canada and in the US to complete registrations and legal opinions.
  • Acted for borrower on CA$40 million Revolving Operating Loan Facility and extensive corporate shareholder buy-out involving eight purchasers and eight vendors, including individuals, holding companies and trusts.  Complex tax, vendor financing and security aspects were involved.
  • Acted for borrower on CA$85 million syndicated multi-jurisdictional Credit Agreement, and numerous subsequent amendments and restatements of same, secured by mortgage and general security interest and guaranteed by several corporate entities in several jurisdictions in Canada. Agents were coordinated in Canada to complete registrations and legal opinions.
  • Acted in complex multi-stage share purchase and subsequent share sale of manufacturing company with enterprise value of CA$4.7 million. Acted for both purchaser on buy-out of certain shareholders and then immediate sale of all shares of the company to third-party purchaser.  Share sale involved vendor take back financing, extensive security for VTB payment and priority agreements with third party lender.
  • Acted for purchaser on the acquisition of a shopping centre with value of CA$11.25 million. The transaction involved extensive due diligence. Institutional financing secured by mortgage, general security interest and guaranteed by several individuals involved.

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Directorships & Affiliations

  • Member, Law Society of Alberta
  • Member, Canadian Bar Association
  • Member, Calgary Bar Association
  • Director/Chairman, The Tooth Fairy Children’s Foundation

Education & Admissions

2014
Called to the Alberta bar
2013
JDUniversity of Windsor
2008
BBA (minor in Psychology)Trent University