PPSA registrations in asset purchase transactions: when are they necessary?

By Matthew Lippa (Toronto) on August 11, 2015 Posted in Corporate finance, Finance

In asset purchase transactions involving the sale of accounts receivable, questions often arise about whether a registration under the applicable provincial Personal Property Security Act (PPSA) will be necessary. The answer to this questions depends on a number of factors, including where the seller’s accounts receivable are located and whether a party is the purchaser … Continue reading

Successor liability in asset acquisitions

By Rowan Weaver on March 26, 2015 Posted in Corporate finance

It is a well-established principle in Canada that where two corporations amalgamate, the new, continuing corporation assumes all of the liabilities and obligations of each of the constituent corporations. In order to avoid this consequence, businesses seeking to make acquisitions may decide to structure their transactions in a way that allows them to choose which … Continue reading

Lease considerations in the M&A context

By Michael H. Lieberman on January 29, 2015 Posted in Corporate finance, Real estate

In the wake of a series of announcements regarding the closure of the operations of several Canadian retailers as well as the withdrawal of US retailers from the Canadian market, questions are being asked regarding the potential impact on the landlords of the numerous store locations affected. This is not surprising given that a retailer’s … Continue reading