Banking and Financial Services

Over the course of our firm’s history we’ve had the privilege to work with many of Canada’s chartered banks, trust companies, mezzanine lenders and other financial institutions.

Our lawyers advise lenders and borrowers  in secured and unsecured credit transactions, asset-based financing transactions, construction and real estate development lending, acquisition loans, and complex banking transactions, and compliance issues.

We act for borrowers ranging from small family run businesses to large public companies with global operations. Our experienced lawyers bring a business minded, practical approach to each and every transaction, with the drive and focus to effectively manage your risk and efficiently get the deal done on your schedule.

Related Expertise

Asset Based Lending

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Asset Based Lending

In these more difficult economic times, businesses are turning to less traditional and more flexible sources for financing, such as asset based lending (ABL). ABL is quickly becoming a more popular and mainstream choice for companies in need of working capital. Our lawyers act for both asset-based lenders and factoring companies and for borrowers in the wholesale, distribution, manufacturing and service business.

We are practical, timely and resourceful in our approach to our client’s challenges. We advise on all aspects of an ABL or factoring transaction, including on structuring appropriate security requirements, managing legal due diligence processes, drafting and negotiating legal documentation and managing and directing closing and funding.

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Energy Financing

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Energy Financing

Our lawyers have the knowledge and experience to assist domestic and international developers, lenders and investors on the financing of energy generation, transmission and distribution projects and solutions. We advise clients in the conventional, renewable and alternative energy sectors, from start-up companies to major multi-national corporations, including natural gas, solar, geothermal, wind, hydropower, biomass, bio-fuels, fuel cells and other “clean” technologies

With a broad understanding of the economic, political and legal energy issues in Canada and the U.S., we provide expert legal representation and practical advice on financing and related matters, including structuring and negotiating development, construction and project debt and equity financing, joint venture arrangements, acquisition and licensing arrangements, and the creation of structures and financing arrangements which facilitate First Nations’ participation in energy projects.

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Mezzanine Financing

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Mezzanine Financing

Our lawyers have expertise and experience acting for mezzanine and sub-debt lenders as well as for borrowers in this area. We regularly act for institutional and private lenders and funds as well as for borrowers looking to expand with a combination of debt and equity or as an alternative to equity. We understand and are adept at meeting the demands of this fast-paced area of debt financing. We advise on all aspects of the transaction including structure at the term sheet stage, preparation and negotiation of all legal documents, in particular, preparation and negotiation of inter-lender priority agreements, and attending to the closing and funding of the transaction.

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Real Estate Financing

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Real Estate Financing

You have unique and complex needs for your real estate financing that demand experience and efficiency. Our Commercial Real Estate team has a reputation for excellence and we pride ourselves on our ability to propose innovative secured financing solutions for commercial properties to suit your needs. We regularly act on behalf of both lenders and borrowers, including leading financial institutions, investment dealers, real estate investment trusts, private partnerships, and investors.

We will assist you in all aspects of your commercial real estate financing, from the negotiating and drafting of loan agreements and commitment letters, to the preparation of all supporting documentation.
We assist our clients with all types of financings, including:

  • acquisition financing
  • construction financing
  • conventional mortgage lending
  • securitizations
  • project financing
  • restructurings
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Securitization

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Securitization

An increasing number of business entities are taking advantage of off-balance sheet and tax driven structures to free up usable capital and minimize taxation. The sale of a stream of cash flows by way of asset securitization is a popular vehicle to achieve these goals.

Fogler, Rubinoff is one of the longest standing players in securitization transactions. As a pioneer and leader in this ever growing market, we have acted for issuers, sellers, servicers, and other specialized players in this industry, particularly in the context of the securitization of commercial mortgages.

The breadth of our experience allows us to understand and appreciate your needs and the market generally in this specialized field. Our involvement in many securitization transactions enables us to provide you with excellent, efficient service.

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Senior Debt Financing

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Senior Debt Financing

We act for major Canadian and international financial institutions as well as for borrowers in various industries in all types of senior financing transactions. Whether you are a small business or a large public company with international operations, we can help. We understand the pressures and challenges on both the business owner and lending client in today’s marketplace. Our aim is to provide you with practical and stream-lined advice, innovative solutions and managed risk.

We advise on all aspects of a senior loan transaction, from structure, to preparation and negotiation of the loan documentation, including multi-party inter-lender agreements. Our experience includes advising on commercial mortgage transactions, structured financings, syndicated lending, multi-national lending, securitization and project finance.

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