Bennett Jones’ Financial Services Group are industry leaders in complex debt financing transactions in Canada. Clients are facing unprecedented uncertainty in today’s economy related to the impact of the COVID-19 pandemic coupled with uncertainty in many industries such as oil and gas, mining, retail, tourism and leisure. With broad industry experience in a practice featuring innovative financing structures, Bennett Jones is uniquely positioned to assist our clients during these turbulent times.
Our financial services lawyers are located in our various offices across Canada and many have specialized industry expertise. We routinely advise banks, financial institutions, private equity firms and alternative debt providers as well as small, medium and large borrowers. Our Finance Team acts on financings ranging from large syndicated senior debt facilities, acquisition financings, public and private debt capital market issuances, distressed and restructured debt matters, asset based loans and mezzanine commercial loan transactions.
Why Work With Us
Pragmatic approach: Clients’ desired business outcomes underlie all our advice. Compared to other major law firms with significant debt financing experience, our practice is much more evenly split between borrower and lender representations. This unique experience gives us the ability to approach lender mandates bearing in mind the needs of the borrower and borrower mandates understanding the needs of the lender.
Market insight: Our team enjoys strong relationships with financial sector regulators, policy makers and financial institutions. We count among our firm members the former Governor of the Bank of Canada, a former Deputy Minister of Finance, a former President of the Treasury Board, and a current director of the Bank of Canada, who are able to provide great insight into Canada and financial markets.
An integrated team: Clients benefit from financing lawyers with specialized practice and industry expertise. Our full-service national platform lets us draw from expertise in M&A, securities, insolvency, tax and other pertinent areas.
Cross-border and international experience: Strong relationships with international lenders, private and alternative capital pools, financial advisors and foreign legal counsel enable us to work collaboratively, whether leading the deal or acting in a support role.
Complex Security Arrangements: We have extensive experience in structuring security and addressing conflicts of laws issues in the most efficient manner for security packages involving multiple jurisdictions, mobile assets, complex borrower structures and unique asset classes.
Unique Practice Specializations
Derivatives: We have a long history of assisting our clients with mitigating risks through the use of derivatives that started with our energy clients’ needs to manage commodity and currency risks. This practice has evolved with the complexities of the industry over the years and our expertise extends beyond commodity, currency and interest rate trades to include equity derivatives and other products.
While we act for some of the largest trading houses in the world, we typically act for the “buy side” or “borrower side” of a derivatives negotiation opposite the in-house “sell side” or “lender side” negotiation teams. As a result, we are not just experts in understanding what a particular bank or trading house believes to be market. We know what is market.
Fintech: Our multi-disciplinary fintech team advises start-ups, system and software developers and suppliers, investors, financial institutions, government agencies and ancillary service providers, giving us a 360 degree perspective on the commercial and technical realities, risks and opportunities in these sectors. We assist at every stage of the business life cycle, including innovation, product development, inbound and outbound licensing, protection and commercialization of intellectual property, development of novel business models, regulatory compliance, raising capital, attracting investment, partnerships and joint ventures, acquisitions and exit strategies.
First Nations: We are very familiar with security issues involving First Nations borrowers and collateral located on First Nations lands.