Kevin Fougere is a Partner in the Financial Services Group. He has extensive experience advising corporate clients and financial institutions on a wide range of financing transactions, including project financing, syndicated bank transactions, bond financings, cross-border financings, acquisition financings and asset-based lending, as well as advising on general corporate/commercial matters. Kevin has also acted on some of the most complex intercreditor arrangements in the Canadian oil and gas industry.
Some of the significant transactions that Kevin has worked on recently include:
- Acted as lead counsel to Macquarie Power & Infrastructure Income Fund in connection with C$100-million project financing provided by Dexia Credit Local S.A., WestLB AG and Caixanova America in respect of a 20-megawatt solar photo votaic power project in Amherstburg, Ontario.
- Acted on behalf of a consortium to project finance the design, build and operation of the southwest leg of Stoney Trail ring road in the city of Calgary by way of the issuance of long-term bonds. The contract value for the public-private partnership project was C$769-million.
- Acted as lead counsel to a 12-bank syndicate on a C$1-billion credit facility provided to PetroBakken Energy Ltd.
- Acted as lead counsel to a 15-bank syndicate on a C$42.25-billon financing for Penn West Energy Trust.
- Acted as lead counsel to a seven-bank syndicate on a C$1.35-billon acquisition financing on a oil and gas trust.
- Acted as lead counsel to a major Canadian energy producer in negotiating almost C$5-billon in credit facilities.
- Acted as lead counsel to an energy distribution, supply and service company with respect to its approximately C$800-million in credit facilities, as well as acting on the same company's behalf with respect to two private placements of notes totalling approximately C$550-million.
- Acted as lead counsel to a syndicate of banks in providing credit facilities of approximately C$2-billion to TransAlta Corporation.
- Acted as lead counsel to Enerplus Resources Fund with respect to a cross-border private placement of approximately US$300-million in unsecured notes.
- Acted on behalf of the owners of a large Calgary commercial building in connection with a C$300-million credit facility and the repayment thereof by way of a C$370-million bond offering.
- Acted as lead counsel on behalf of a Canadian energy services company in connection with its approximately C$500-million cross-border revolving and term debt credit facility.
- Acted on the Blakes team on behalf of underwriters in connection with the issuance of C$200-million in first lien bonds by a Canadian oil and gas company.
- Acted as lead counsel to Canadian Hydro Developers, Inc. in connection with its revolving credit facility and various wind and hydro renewable energy project financings totalling over C$600-million.
- Acted as part of the Blakes team representing a 21-bank syndicate in connection with a C$1.735-billion project financing for the construction of the Sourthern Lights pipeline project from Edmonton to Illinois, which financing was named North American Oil and Gas Deal of the Year in 2008 by Project Finance magazine.
- Acted as part of the Blakes team on behalf of Capital Power LP in connection with its C$1.2-billion in credit facilities related to its spin-out from Epcor Utilities Inc.
Kevin has also worked on some other significant project financing including:
- Acted as Canadian counsel to the lenders in a US$750-million term B loan project financing provided to MEG Energy Corp. for its Christina Lake oil sands development, which financing was named as North American Upstream Oil and Gas Deal of the Year for 2006 by Project Finance magazine.
- Acted as part of the Blakes team on behalf of the lending syndicate in the project financing of OPTI Canada Inc.'s portion of the C$3.4-billion Long Lake oil sands project, which financing was named North American Oil and Gas Deal of the Year for 2004 by Project Finance magazine, as well as related credit facility and bond take-out financing related to the same.
- Acted as part of the Blakes team as lenders counsel for the project financing of a large North American pipeline developed by Maritimes and Northeast Pipeline and another one developed by Terasen Pipelines (Canada) Inc.
- Acted as part of the Blakes team in the project financing of the oil sands developments of each of Connacher Oil and Gas Limited and Deer Creek Energy Limited.
- Has also acted on behalf of lenders and borrowers in connection with project financings of a number of hydroelectric, wind, solar and gas power plants and ethanol production facilities
Kevin has recently been recognized in the following publications:
- The Canadian Legal Lexpert Directory as one of Canada's leading banking lawyers (2009 and 2010).
- Chambers Global: The World's Leading Lawyers for Business as a leading lawyer in banking and finance in Canada (2008, 2009 and 2010).
- The Best Lawyers in Canada as a leading lawyer in the specialty of banking law (2009 and 2010).
- IFLR1000: The Guide to the World's Leading Financial Law Firms as a leading lawyer in Canada in banking and project finance (2009 and 2010).
- Legal Media Group's Guide to the World's Leading Project Finance Lawyers (2009).
- Law Business Research's Who's Who Legal: Canada in the area of banking (2010).