Secured Lending

With our depth of experience, industry knowledge, and commitment to excellence, we are trusted advisors to lenders and borrowers alike for their secured lending needs. We provide the following advice and assistance:

Term and Multi-facility Loans

We assist clients in drafting, reviewing, and negotiating loan agreements, security documents, and other financing instruments tailored to meet their specific needs. We ensure that the documentation accurately reflects the terms of the transaction and protects our clients' interests whether it is a term loan, revolving credit facility, line of credit or asset-based lending arrangement. We regularly support lenders and borrowers and review your loan transaction, promissory notes, security agreements, pledged shares or personal guarantees to ensure they accurately reflect the terms agreed upon by both parties.

Subordination and Postponement Agreements

Where there are multiple partners with competing interests in complex financing arrangements, we negotiate the priority of claims, or subordinate terms, on assets or collateral in the event of a debtor’s default or bankruptcy.

Third Party Consents/Waivers/Releases

Should your agreement require third party consent, a waiver or release, careful consideration of your rights, responsibilities and liabilities will be prudent and our team can advise and support you.

General Security Agreements, PPSA and Regulatory Compliance

We advise lenders on compliance with federal and provincial laws and regulations governing secured lending transactions, including the Personal Property Security Act, Bank Act, and various consumer protection statutes. Our lawyers stay abreast of regulatory developments and industry trends to ensure that our clients remain in compliance with applicable legal requirements. From registering mortgages and financing statements to obtaining security agreements and pledges, we ensure that our clients' security interests are properly documented and enforceable against third parties.

Debt Restructuring and Workouts

In situations where borrowers encounter financial difficulties, our lawyers provide strategic advice on debt restructuring and workout solutions to help lenders mitigate losses and preserve value. We negotiate forbearance agreements, debt settlements, and loan modifications, working collaboratively with all parties to achieve mutually beneficial outcomes.

Enforcement and Remedies

In the event of a borrower default or insolvency, our team assists lenders in enforcing their security interests and exercising their rights and remedies under loan agreements and security documents. We represent clients in foreclosure proceedings, power of sale transactions, receiverships, and other enforcement actions, advocating for their interests and maximizing recovery.

Our team brings decades of experience in lending and secured transactions for a variety of clients.

Your Secured Lending Team