Russell Dufault (Toronto)

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Location, location, location: Where’s your chief executive office?

By Russell Dufault (Toronto) on November 15, 2019 Posted in Finance, Financial institutions

In the context of cross-border secured financing transactions involving Canada and the United States, the rules relating to perfection and priority of personal property pledged in favour of a lender or agent are similar. In the U.S., Article 9 of the Uniform Commercial Code governs while each Canadian jurisdiction has its own personal property security … Continue reading

Canadian credit market overview: despite slowing growth, many aspects still on the rise

By Russell Dufault (Toronto) on September 25, 2019 Posted in Finance

The Bank of Canada (BoC) recently announced its decision to maintain the overnight rate target at 1 ¾%– while the Bank Rate and deposit rate are 2% and 1 ½% respectively – resulting in no shortage of backlash. In its press release, the BoC cites the escalation of international trade conflict as a factor in … Continue reading

Harmonizing cash collateral perfection rules between Canada and the U.S.

By Russell Dufault (Toronto) on August 21, 2018 Posted in Corporate finance, Finance

In secured financing transactions, cash is a popular and useful form of collateral. It is fully liquid, readily available and transferrable, and its value is always known. A debtor holding cash in a deposit account may wish or be required to use it as collateral for obligations such as loans, repurchases and derivative transactions. In … Continue reading

The deemed dividend dilemma: structuring your cross-border credit support

By Russell Dufault (Toronto) on May 10, 2018 Posted in Corporate finance

We frequently act as Canadian counsel to lenders and borrowers in cross-border transactions where credit support is provided to a US parent company by one or more of its Canadian subsidiaries. In structuring the deal, a considerable amount of time can be spent determining the extent to which the collateral of the Canadian subsidiaries should … Continue reading

Debt, equity and tax credits: how films are financed

By Russell Dufault (Toronto) on March 21, 2018 Posted in Finance

The other day I cued up a new release movie that I had been eagerly anticipating. As the opening credits rolled, I couldn’t believe how many entities were being credited. The list kept going and going, with a range of what appeared to be both governmental and private organizations. What could these organizations all have … Continue reading

How are market participants dealing with the retirement of Libor?

By Russell Dufault (Toronto) on December 28, 2017 Posted in Finance, M&A, Uncategorized

Earlier this year I wrote about the Financial Conduct Authority’s (FCA) announcement in July of its plan to phase-out the London Interbank Offered Rate (Libor), the interest rate benchmark used to set payments on more than $350 trillion in financial contracts such interest-rate derivatives, corporate bonds, mortgage loans and more. The FCA’s intention is to … Continue reading

Libor retirement and implications for contracts tied to it

By Russell Dufault (Toronto) on September 20, 2017 Posted in Finance, M&A

The London Interbank Offered Rate (Libor), the interest rate benchmark used to calculate interest rates on short-term loans by many large banks, will be phased out after 2021 according to its regulator. The London based Financial Conduct Authority (FCA) recently announced that due to growing concerns regarding the long term sustainability of the benchmark, which … Continue reading