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Securitization and Asset-Based Finance


Our Securitization and Asset-based Finance Group has had extensive involvement in a broad range of securitization transactions.
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Overview

Our Securitization and Asset-based Finance Group has had extensive involvement in a broad range of securitization transactions. Our experience includes the securitization of leases (both capital and operating), credit card and finance receivables, consumer loans, mortgage receivables and trade receivables. We have been involved in transactions that have utilized single-seller and multi-seller conduits and that have utilized a variety of transaction structures, including sale/sale/leaseback and concurrent lease arrangements, as well as cross-border structures.

Our Group has primarily represented originating corporations and institutions in the securitization of their assets. We have also worked closely with underwriters, rating agencies and governments in connection with securitization transactions. Our clients have included MRS Trust Company, Chrysler Credit, AT&T Capital, John Deere Credit, Rio Algom, Ford Credit, Alter Moneta, The Toronto Hospital, the Province of British Columbia and Merrill Lynch.

Some of the securitization transactions in which we have been involved include:

  • structuring advice on behalf of major investment dealers involving a variety of income-producing assets such as credit card receivables, leases, commercial loans, consumer loans and conventional mortgages;
  • acting on behalf of major North American car manufacturers and their related financial services organizations in connection with securitization of lease receivables and residual values;
  • acting on behalf of major finance corporations in connection with the securitization of their lease, conditional sale and instalment sale contract receivables;
  • acting on behalf of originators in connection with the securitization of their trade receivables on both a revolving and non-revolving basis, including the sale of Canadian and U.S. receivables in cross-border structures;
  • acting on behalf of Merrill Lynch Canada, as underwriter, in the first public issuance of Commercial Mortgage Backed Securities in Canada; and
  • acting on behalf of the Province of British Columbia in structuring and implementing a single seller, multi-asset conduit as a vehicle for securitization of various categories of provincial government assets; and in the subsequent securitization of various tranches of assets.

In connection with mortgage-backed securities, our firm has, for example, been extensively involved with the Canada Mortgage and Housing Corporation Mortgage-Backed Securities Program (the CMHC MBS Program) since its inception in 1986.

Members of our Group, including Jon Levin, and Elana Hahn have spoken at seminars, conferences and other industry and government-sponsored events in connection with securitization transactions. Jon Levin is listed in the Canadian Legal Directory, LEXPERT, as a leading practitioner in Canada in the asset securitization field.

Client Work

  • Agrarius Sustainability Engineered (RF) Limited granted approval to list a new R300 million tranche of sustainability-linked asset-backed Shariah sukuk notes on the JSE, [Deal - Agrarius Sustainability Engineered], New tranche of sustainability-linked asset-backed Shariah sukuk notes for Agrarius Sustainability Engineered.
  • Agrarius Sustainability Engineered list and issue a R100 million tap note on the Johannesburg Stock Exchange, [Deal - Agrarius Sustainability Engineered], Tap note issuance and listing on the Johannesburg Stock Exchange.
  • Royal Bank of Canada leads syndicate in the provision of a US$185 million credit facility for WideOrbit LLC, [Deal - A syndicate of lenders led by Royal Bank of Canada], Credit facility establishment for a worldwide leader in advertisement management.
  • Syndicate led by Royal Bank of Canada completes C$330 million financing for a construction company, [Deal - A syndicate of lenders led by Royal Bank of Canada], Royal Bank of Canada leads financing to support provider of construction, environmental, waste and renewable energy project management solutions.
  • A syndicate of banks led by Royal Bank of Canada completes C$140 million financing for mortgage investment company, [Deal - Royal Bank of Canada], Royal Bank of Canada provides financing to support a leading and trusted non-bank lender in Ontario.
  • Kazax Minerals closes C$2.5 million financing through private placement, [Deal - Kazax Minerals Inc.], Fasken Martineau represented TSX-V listed Kazax Minerals (“Kazax”), in its connection with the non-brokered private placement of convertible unsecured non-interest bearing debentures for aggregate proceeds of C$2,500,000. The debentures will mature on April 25, 2017. Upon receipt of all necessary...
  • Fluormin plc is acquired for £14.3 million, [Deal - Fluormin plc], On 17 May 2013 Vanoil Energy Limited, a TSX-V listed oil & gas company with a diversified portfolio of assets in East Africa, completed its acquisition of the entire issued and to be issued share capital of Fluormin plc, an AIM listed company which since 2011 had been focussed on the exploration ...
  • Ucore Rare Metals completes a US$5 million equity offering, [Deal - Byron Capital Markets Ltd.], On May 13, 2013, Ucore Rare Metals Inc. (“Ucore”) announced that it had completed an equity offering (the “Offering”) for gross proceeds of $5,000,000. The Offering consisted of 20,000,000 Units priced at $0.25 per unit (the “Units”). Each Unit sold was comprised of one common share in the capita...
  • Redknee Solutions announces closing of special warrant financing for gross proceeds of US$45 million, [Deal - GMP Securities L.P.], On April 18, 2013, Redknee Solutions Inc. (TSX: RKN) completed the closing of its underwritten private placement of 14,538,500 special warrants at a price of $3.10 per special warrant for aggregate gross proceeds of $45,069,350, which includes 18,500 special warrants issued pursuant to the underw...

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