Investment and acquisition transactions involving stressed or distressed businesses require highly specialized legal expertise and a firm understanding of the dynamics that can help drive deals to a timely conclusion. We have a proven track record of adding value to the successful completion of complex sale and acquisition transactions.
There can be material differences between a domestic sales process in Canada and those conducted in other jurisdictions, such as a section 363 sale in the US. This stems from the nature of the insolvency process itself, as well as the practices that have developed in court-supervised sales in Canada.
McMillan's Restructuring and Insolvency Group delivers expert, practical deal-oriented advice.
Our lawyers have deep experience in a variety of restructuring, insolvency and M&A transactions and understand how to navigate multi-party negotiations from concept to completion. We frequently represent international clients and work with a full range of interested parties including equity sponsors, lenders, financial investors, directors, creditors and financial and strategic buyers.
McMillan professionals help clients lead by:
- Advising on structuring transactions as an equity investment or asset sale and the resulting due diligence, process and proceedings that are required by both purchasers and sellers including the benefits to a purchaser of "free and clear" and "vesting" orders that can be obtained in court-supervised sales
- Advising on equity investors in the "cleansing" of pre-closing liabilities and obligations through an insolvency and/or corporate restructuring process
- Negotiating with key stakeholders including lenders, bondholders, court-appointed officers, unions and others
- Providing advice and guidance on how to structure and close cross-border sale transactions