Evan Cobb

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Notable aspects of the Mobilicity – Rogers acquisition

Earlier this summer an affiliate of Rogers Communications Inc. acquired all of the issued and outstanding shares of the corporation carrying on the Mobilicity wireless business in the context of Mobilicity’s Companies’ Creditors Arrangement Act (CCAA) proceeding. The transaction was unique in part because of the speed at which it was completed. While Mobilicity undertook … Continue reading

The “bitter bidder”: late bids in insolvency sales processes

An insolvent entity will often have one or more businesses that, once separated from the insolvent organization or cleansed of their existing liabilities, is quite attractive acquisition targets. For this reason, insolvency of a commercial enterprise will often lead to a court-supervised process for the sale of attractive business lines in order to maximize recoveries … Continue reading

Acquisitions in an insolvency context: mandatory assignment of contracts

Most due diligence processes in a business acquisition context require a review of material contracts and, in particular, a review of any restrictions on assignment of those contracts. When a business enters into a long term commercial contract with a customer, the identity of that particular counterparty may influence the terms of the contract. A … Continue reading
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