Daryl Clark carries on a business law practice emphasizing cross-border transactions on behalf of North American and international clients, with special emphasis on commercial and corporate finance, asset-based lending, subordinated debt financings, venture capital financings, and mergers and acquisitions. Representation includes specialized secured transactions and loan workouts in Canada for a number of asset-based lenders headquartered in the United States.
Recent Significant Transactions
- Numerous financings for U.S. and Canadian-based lenders with respect to acquisitions by private equity groups of Canadian private and public companies and income trusts
- U.S.-based second-lien lender in numerous cross-border cash flow and asset based loans
- U.S.-based commercial finance lenders, as agents, in numerous cross-border syndicated and secured working-capital financings to mid-market private and public companies
- Co-ordinating Canadian aspects of financing of aircraft leasing company based in the United States by U.S. bank, which included security arrangements in Canada with respect to the lease of aircraft to Canadian aviation company
- Series A round preferred shares investment by a syndicate of Canadian venture capital and private equity firms to fund pre-clinical trials of gene therapy technology developed by an early-stage biotechnology company
- Canadian-based institutional life sciences investor, as lead, in numerous syndicated financings of early-stage biotechnology companies
- Acquisition of Canadian computer video game development house by NASDAQ-listed U.S. computer video game publisher for a combination of cash and shares
- Acquisition of Canadian pharmaceutical firm by NASDAQ-listed U.S. pharmaceutical company in a cross-border cash and exchangeable share transaction by way of plan of arrangement
- Acquisition of Canadian computer graphics technology company by NASDAQ-listed company in a cross-border cash and exchangeable share transaction by way of exempt take-over bid
Daryl is a fellow of the American College of Commercial Finance Lawyers. He is a member of the Canadian Bar Association, the British Columbia Bar Association, as well as the Vancouver Chapter Association. He is chair of the Cross-border and Trade Finance Subcommittee of the Commerical Financial Services Section of the American Bar Association (ABA) and a member of the ABA Business Law Section of the Financial Services Committee and the Venture Capital/Private Equity Committee. He is also a member of the Business Law Section of the Insolvency and Creditors Rights Committee, Private Equity Committee, and E-commerce and Computer Law Committee of the International Bar Association. Daryl was seconded for one year as counsel to the British Columbia Securities Commission in 1986.