Andrew E.C. McFarlane
Partner
Toronto
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Tel :
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416.865.7110
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Fax :
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416.865.7048
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Professional Experience
Andrew is a partner in the firm's Financial Services Group with a focus on project financing, asset-based and syndicated lending and equipment and aircraft finance. Andrew also acts regularly in the areas of acquisition financings and debtor-in-possession loans.
In addition to the more recent transactions listed below, Andrew was heavily involved in the two largest Canadian airline insolvencies of the last decade, having acted for the trustee in bankruptcy of Canada 3000 in 2001-2002 and for RBC, Scotiabank and a variety of other aircraft lessors and financial institutions in connection with the restructuring of Air Canada in 2003-2004.
Andrew is recognized nationally and internationally as a leading Canadian lawyer in the area of aircraft financing.
Recognition
- Recognized by the 2012 Best Lawyers in Canada as a leading lawyer in the area of Equipment Finance Law
- Recognized by the 2012 Chambers Global as a leading lawyer in the area of Banking and Finance Law
- Recognized by the 2011 International Who's Who of Aviation Lawyers as a leading lawyer in the area of Aviation Finance
Representative Transactions
Listed below are some of the recent transactions in which Andrew has been involved:
Infrastructure and P3
- Acting as counsel to sponsors in connection with Ontario transportation infrastructure project (2011)
- Acting as designated lender counsel in connection with New Brunswick social infrastructure project (2011)
- Acted as lender counsel in connection with the successful closing of phase 2 of New Alberta Schools Alternative Procurement Project (2010)
- Acted as lender counsel in connection with the successful closing of the Ontario Provincial Police Modernization Program project (2010)
- Acted for Aecon Group Inc. in connection with its successful closing of the Lakeridge Health Corporation Redevelopment Project (2009)
- Acted as designated lender counsel in connection with a finalist bid for phase 1 of the New Alberta Schools Alternative Procurement Project (2008)
- Acted for Aecon Group Inc. in connection with its successful closing of the Rouge Valley Health System – Ajax and Pickering Hospital Phase I Redevelopment Project (2007)
- Acted for Royal Bank of Canada in the successful closing of the Sudbury Regional Hospital Capital Construction Phase II Project (2007)
- Acted for Royal Bank of Canada in the successful closing of the Trillium Health Centre Redevelopment Project (2007)
Aircraft Financing
- Acted for lessor in refinancing of Dash 8 on lease to Jazz Air (2011)
- Acted for lessor/seller in connection with sale of A320 on lease to Air Canada (2011)
- Acted for lessee in acquisition of Gulfstream G550 (2010)
- Acted for seller in sale of Gulfstream G450 (2010)
- Acted for aircraft financier in connection with the financing of Bombardier Q400s to Porter Airlines (2008)
- Acted for lessor in connection with the lease of a B767 cargo-configured aircraft to CargoJet (2008)
- Numerous sales and novations of aircraft and engines on lease to Air Canada, Jazz Air and WestJet (2003 – present)
Restructurings and Debtor-in-Possession Financings
- Acted for senior lending syndicate in connection with Canwest's restructuring efforts (2009)
- Acted for lending syndicate led by JPMorgan in connection with the provision of DIP credit facilities to Indalex Limited (2009)
- Acted for Pliant Corporation in connection with negotiation of DIP credit facilities required in connection with Pliant Corporation's cross-border insolvency and restructuring (2009)
- Acted for Bank of Montreal in the provision of C$100 million DIP financing to Abitibi-Consolidated Inc. (2009)
- Acted for bondholders in connection with credit facilities provided to Tembec Inc. in connection with Tembec's restructuring plan of arrangement under the Canada Business Corporations Act (2008)
Asset-Based Lending
- Acted for syndicate led by JPMorgan in connection with credit facilities provided to Cott Corporation (2008)
- Acted for syndicate led by JPMorgan in connection with credit facilities provided to Liz Claiborne Inc. (2008-2009)
Acquisition Financings
- Acted for ABRY Partners in connection with the financing of its acquisition of Q9 Networks (2008)
- Acted for Wells Fargo Business Credit in connection with financing provided to acquire Sartell Valves Inc. (2008)
publications and presentations
Presentations
- Presented paper on issues in aircraft leasing at 2007 Canadian Airline Investment Conference.
- Chaired the Law Society of Upper Canada Professional Development Program - Personal Property Security Act: A Program of Practical Elements (May 31, 2002) and delivered papers on "The PPSA and Leases of Personal Property" and "The PPSA and Movable Goods".
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