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Asset-Based Finance

Asset-Based Finance
Asset-Based Finance
Expertise / Practices / Financial Services / Asset-Based Finance

Asset-based lending (ABL) has become increasingly popular in recent years. Secured by borrower assets, these loans offer ready availability of cash, low interest rates, liquidity and flexible repayment plans. Since loan qualification is based on the borrower’s asset value, companies with unfavourable financials are still eligible.

Our pre-eminent Financial Services group has expertise in negotiating, structuring and documenting a wide variety of loan, credit and other financial transactions including those involving assets located in foreign markets or subject to the laws of multiple jurisdictions. As industry leaders, we have developed several innovative financing and security structures used in Canada.

Because of our finance expertise and ability to advise on diverse financing instruments and loan arrangements, including cross-border, bilateral and syndicate loans, both borrowers and lenders come to Blakes for asset-based finance advice. We counsel clients throughout the life cycle of their lending relationships, conducting due diligence and counselling clients on loan priorities and lien perfection. With expertise in a wide range of industries, we have negotiated asset-based financing secured by virtually every class of property so that we are familiar with the specific issues of each asset class. With Canada’s largest and most highly regarded aviation law practice, we are more experienced than any other firm in handling aviation industry finance transactions.

Blakes lawyers often serve as local counsel for U.S. and multinational lenders and borrowers on transactions with Canadian components and work collaboratively with U.S. law firms on client deals in the U.S. Our Montréal-based lawyers counsel clients on Quebec-specific issues that arise in the content of lending and borrowing. Drawing on the expertise of our Financial Services Regulatory and Tax groups, we also advise non-Canadian lender clients on compliance with Canada’s regulatory, tax and process requirements.

Leveraging the expertise of our Employment & Labour Law; Commercial Real Estate; Pensions, Benefits & Executive Compensation; Intellectual Property; Restructuring & Insolvency; Tax; and Environmental practices, we add value for clients by evaluating the impact of union rights, pension plans, environmental issues, bankruptcy and intellectual property on asset values and the ability of borrowers to repay their loans. We also advise on loan collection and troubled loan workouts.

When disputes require litigation, our lawyers represent clients at all levels of courts in Canada. We also represent clients in liquidations, bankruptcies and in connection with debtor-in-possession financing as well as in the purchase of assets from bankrupt entities.

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Awards & Recognition

Blakes Financial Services lawyers have been recognized as leaders in their field in the most recent editions of the following publications:

  • Chambers Canada: Canada’s Leading Lawyers for Business (Banking & Finance – Nationwide Canada, Banking & Finance: Financial Services Regulation – Nationwide Canada, Insurance: Dispute Resolution – Nationwide Canada, Insurance: Transactional & Regulatory – Nationwide Canada, Project Finance – Nationwide Canada and Transportation: Aviation: Finance – Nationwide Canada)

  • Chambers Global: The World’s Leading Lawyers for Business (Banking & Finance – Canada, Banking & Finance: Financial Services – Canada and Capital Markets: Securitisation – Canada)

  • The Canadian Legal Lexpert Directory (Blakes is “Most Frequently Recommended” in Banking & Financial Institutions every year since the directory’s inception in 1997. Also, “Most Frequently Recommended” in Asset Equipment Finance/Leasing, Asset Securitization, and Project Finance. Also recommended in Derivative Instruments.)

  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (“Most Frequently Recommended” in Banking & Financial Institutions, Asset Securitization and Project Finance)

  • Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada (Financing)

  • IFLR1000: The Guide to the World’s Leading Financial and Corporate Law Firms (Banking, Financial Services Regulatory and Project Finance)

  • Who's Who Legal: Banking (Finance, Fintech and Regulatory)

  • Who's Who Legal: Canada (Aviation, Banking, Insurance & Reinsurance and Project Finance)

  • Who's Who Legal: Insurance & Reinsurance

  • Who's Who Legal: Project Finance

  • Who's Who Legal: Transport – Aviation Finance

  • Euromoney’s LMG Banking, Finance and Transactional Expert Guide (Banking, Insurance and Reinsurance, Project Finance, Structured Finance and Securitisation and Women in Business Law)

  • The Legal 500 Canada (Banking and Finance, Insurance and Transport: Aviation)

  • The Best Lawyers in Canada (Asset-Based Lending Practice, Aviation Law, Banking and Finance Law, Derivatives Law, Equipment Finance Law, Project Finance Law and Structured Finance Law)