U.S.-Canada Cross-Border Corporate Finance
Patricia A. Koval and James D. Scarlett of Torys LLP
There have been significant developments in income funds and similar offerings (generically referred to in this article as "income security offerings") that are based on cash flows from U.S.-based businesses and assets and are offered, in whole or in part, to Canadian investors. In this article, we take a closer look at the key issues that have arisen with respect to the current generation of cross-border income security offerings.
Excerpts From: NBI Advanced Real Estate Law Seminar--April 1, 1998
Richard L. Robertson & Associates, P.A.
Creditor dissatisfaction with bankruptcy is again peaking as the number of consumer bankru.
Buying And Selling Claims In Bankruptcy: Maximizing Returns
William B. Freeman and Craig A. Barbarosh of Pillsbury Winthrop Shaw Pittman LLP
This article will present a general overview of bankruptcy law in the United States and discuss some of the issues which may arise when dealing with companies in bankruptcy.
Insolvency & Corporate Restructuring in Canada
of Bennett Jones LLP
The past year has seen somewhat of a general let-up in activity in the insolvency bar, although a significant number of major restructurings were undertaken or completed as the year progressed. In the steel industry, Stelco filed for protection in January 2004, and Ivaco's and Slater Steel's Companies' Creditors Arrangement Act ("CCAA") proceedings proceeded toward conclusion. Air Canada's restructuring was completed in September, 2004. Forest products company Doman Industries saw its long-standing and unsuccessful restructuring efforts finally take form behind a bondholder-led rights offering and debt-to-equity conversion. It emerged from protection as Western Forest Products in July, 2004.
Are Contractual Rights In Subordination Agreements Fully Enforceable in Bankruptcy?
Johnson C. Ng of Weil, Gotshal & Manges LLP
This article examines whether contractual rights in subordination agreements are fully enforceable in bankruptcy.
When Is Your "Debt" Claim Not A Debt Claim?
Goodwin Procter LLP
Traditionally, bankruptcy law honored the basic axiom that debt should be paid before equity. Recent cases have spawned a new corollary which recharacterizes debt as equity in certain circumstances.
Legal Developments in Asset-based Lending
Richard T Higa of McMillan LLP
According to the 2003 Survey of Operating Statistics compiled by the Commercial Finance Association, total asset-based loans outstanding in the United States in 2003 were valued at $328.9 billion. By contrast, in Canada, total asset-based loans outstanding in 2003 were valued at approximately $7.6 billion. While the total figures for Canada pale considerably in comparison to the U.S. figures, the market is clearly growing.