Kathy A. Martin Photo
Kathy A. Martin Photo
Kathy A. Martin Photo

Kathy Martin maintains a broad practice in banking and financial services law. She has extensive experience in transactions involving financial institutions and the mining sector. Kathy is consistently recognized in the IFLR1000 Financial and Corporate Guide as highly regarded in banking and financial services.

With expertise in a range of banking and secured lending transactions, Kathy advises on bilateral and syndicated financings, subordinated debt, asset-based lending, acquisition finance, project finance and debtor-in-possession (DIP) financings. She acts routinely for lenders, including banks and private equity funds, and for borrowers, in domestic, cross-border and multijurisdictional financing transactions.

Kathy is an avid supporter of inclusion and diversity, and was a founding member of the firm’s Inclusion and Diversity Committee.


Expertise


Representative Matters

  • counsel to a Canadian bank in connection with a C$1 billion financing to one of Canada’s top financial investment fund managers
  • counsel to a syndicate of lenders with respect to a US$1.5 billion financing involving a major North American residential home builder
  • counsel to a syndicate of lenders in connection with a US$550 million financing to an international investment company
  • counsel to a syndicate of lenders in connection with a US$500 million financing to a major North American residential real estate investment company and asset manager
  • Canadian counsel to a foreign bank in connection with a multijurisdictional US$1 billion financing to a global manufacturer of brand cleaning products
  • Canadian counsel to a syndicate of lenders in connection with a US$750 million financing to an international golf equipment manufacturer and distributor
  • Canadian counsel to the administrative agent in connection with a C$605 million financing involving a leveraged buyout of a major US retailer by a private equity firm
  • counsel to various Canadian banks in connection with mid-market financings to investment fund managers by way of flow-through investment entities
  • 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 precious metals 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
  • counsel to an investment fund in connection with a US$500 million debtor-in-possession financing to a petroleum exploration and production company
  • counsel to a gaming partnership in connection with a C$460 million project financing
  • counsel to a solar power producer in connection with a number of financings involving the acquisition, development and operation of solar rooftop projects in Ontario
  • 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 million 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 C$200 financing and a concurrent C$145 million financing involving separate lenders

Speaking Engagements

How To Review A Credit Facility Webinar, Canadian Corporate Counsel Association

May 7, 2015

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

June 20, 2014

News


Rankings & Recognition

  • Recognized by IFLR1000 Financial and Corporate Guide 2022 as Highly Regarded in the area of Banking
  • Recognized by IFLR1000 Financial and Corporate Guide 2020 as Highly Regarded in Banking and Financial Services
  • 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

Community Involvement

  • Acted on behalf of a children’s charity in connection with a loan from Infrastructure Ontario to complete the renovation of a community centre
  • Duty counsel

Directorships & Affiliations

  • Canadian Bar Association
  • National Bar Association

Education & Admissions

2002
Called to the Ontario bar
2000
LLBOsgoode Hall Law School
1997
MAUniversity of Waterloo
1992
BA (Honours) University of Waterloo

Insights (11 Posts)View More

Featured Insight

The End of LIBOR: The Grand Finale (or is it?)

All remaining tenors of USD LIBOR ceased being published on June 30, 2023; synthetic USD LIBOR and the LIBOR Act are available for legacy contracts.

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Jul 4, 2023
Featured Insight

Black History, Black Futures with Kathy Martin and Terrie-Lynne Devonish

In this episode, Kathy Martin, a Partner in our Financial Services Group, speaks with Terrie-Lynne Devonish, Chief Legal Officer & Corporate Secretary at the Altus Group, about overcoming stereotypes and the power of mentors and sponsors in professional development.

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Feb 23, 2023
Featured Insight

The End of LIBOR/The Beginning of SOFR: October 2022 Update

USD LIBOR will end June 30, 2023. We discuss LIBOR discontinuation timelines, recent development with respect to SOFR and approaches to replacing LIBOR.

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Oct 20, 2022
Featured Insight

The End of LIBOR: January 2022 Update

As of December 31, 2021, most LIBOR tenors ceased; some USD LIBOR tenors to continue until June 30, 2023; some GBP and JPY tenors published on synthetic basis.

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Jan 31, 2022
Featured Insight

Start of a New Term: ARRC Recommends CME Group’s Term SOFR

ARRC formally recommends CME Term SOFR. Term SOFR works similar to LIBOR and is the preferred RFR for business loans.

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Sep 7, 2021
Featured Insight

SOFR Fundamentals: What We Know SO-FAR

SOFR is the preferred USD alternative RFR to LIBOR. We discuss what SOFR is, the types of SOFR, conventions for SOFR, and using SOFR in loan agreements.

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Jul 21, 2021
Featured Insight

LIBOR Newsflash: FCA Announces Dates for Official Cessation and Loss of Representativeness of LIBOR

FCA announces dates for the official cessation and loss of representativeness of LIBOR. Implications for Lenders.

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Mar 10, 2021
Featured Insight

LIBOR Newsflash: Announcement on Official Cessation of LIBOR is Expected Soon

IBA and FCA expected to make announcement about the official cessation of LIBOR. Timelines for ceasing new issuances of LIBOR loans.

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Feb 18, 2021
Featured Insight

COVID-19: It’s Time to Revisit Financing Agreements

This bulletin provides an overview of the impact COVID-19 may have on financing.

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Mar 31, 2020
Featured Insight

The Phase-Out of LIBOR: A Primer

Overview of LIBOR; why it is problematic; alternative benchmark rates; readiness of loan market for transition away from LIBOR; and fall-back language

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Sep 10, 2019
Featured Insight

Does the MAC Have Your Back? The Use of Material Adverse Change Clauses in Canadian Loan Agreements

Does the Mac Have Your Back? The Use of Material Adverse Change Clauses in Canadian Loan Agreements

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Feb 16, 2017

Deals & Cases (3 Posts)

Featured Insight

Frontera Energy Issued US$400 Million in Senior Unsecured Notes

Frontera Energy Corporation (“Frontera”) (TSX:FEC) issued US$400 million in senior unsecured notes due in 2028 at a coupon rate of 7.875% and a related tender offer to repurchase, at a premium, the Company’s US$350 million 9.7% senior secured notes due in 2023.

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Jun 21, 2021
Featured Insight

Canadian market leader Knightsbridge acquired by Adecco Group for $80 million

Canadian market leader Knightsbridge acquired by Adecco Group for $80 million

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Apr 26, 2015
Featured Insight

North American Palladium Ltd. Closes US$130 Million Term Loan, Extends Existing US$60 Million Revolving Credit Facility and Repays Existing $72 Million Notes

On June 7, 2013, North American Palladium Ltd., an established precious metals producer, closed a US$130 million senior secured term loan with Brookfield Capital Partners Ltd.

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Jun 7, 2013