Dave co-leads Fasken’s National Banking and Finance Group and co-chairs one of the Firm’s longest (more than 150 years) marquee client relationships.
Dave has practiced exclusively in the area of banking and finance for over 20 years, representing lenders and borrowers in connection with complex corporate and commercial debt financings in Canada and abroad. He has extensive experience leading transactions within a broad range of industries and is particularly active in leveraged finance with a focus on private equity sponsored acquisition financings and capital call/subscription “fund of funds” financings.
Dave’s clients trust him to negotiate and execute their most critical matters – from modestly sized commercial credits to some of the largest corporate financings in Canada – including multi-bank billion dollar financings in favour of two of Canada’s most prominent power and utility conglomerates, a globally significant pension fund, a national grocer, one of Canada’s largest telecommunications companies, an international automotive retail group and a global consumer and industrial products enterprise. Dave’s practice has been recognized by Chambers Canada, Legal 500, Lexpert, Best lawyers and other legal ranking services.
The following represents a selection of recent, continuing and notable transactions that Dave has led (*denotes a private equity sponsored transaction):
Power and Utilities
- Acting for the various Lead Arrangers, Agents and Lenders in connection in connection with over $3,000,000,000 aggregate credit in favour of Fortis Inc. and certain of its subsidiaries
- Acting for the various Lead Arrangers, Agents and Lenders in connection in connection with approximately $3,000,000,000 aggregate credit in favour of Emera Incorporated and certain of its subsidiaries
Local Distribution Companies/Holdcos
- Acting for The Toronto-Dominion Bank in connection with over $150,000,000 aggregate credit in favour of an Ontario-based LDC holding company and certain of its subsidiaries
- Acting for The Toronto-Dominion Bank in connection with over $280,000,000 aggregate credit in favour of London Hydro
Private Equity (Capital Call)
- Acting for The Toronto-Dominion Bank and certain syndicate members in connection with in excess of $1,000,000,000 aggregate credit facilities in favour of various funds established by Northleaf Capital Partners
- Acting for Royal Bank of Canada and certain syndicate members in connection with US$100,000,000 aggregate credit in favour of a prominent Canadian-based international real estate fund
Private Equity (Mid-Market Leveraged Finance)
- Acting for Bank of Montreal and The Bank of Nova Scotia in connection with credit facilities relating to Alphi Capital’s inaugural portfolio investment
- Acting for The Toronto-Dominion Bank in connection with credit facilities relating to the acquisition of the Galati Cheese Company by Kirtland Capital Partners
- Acting for The Toronto-Dominion Bank and a syndicate of lenders relating to the acquisition of Furlani Foods by Entrepreneurial Equity Partners (E2P)
Private Equity (Borrower-side)
- Acting for Bain Capital Private Equity in connection with credit facilities partially financing its acquisition of one of North America’s largest desert manufacturing and distribution companies*
- Acting for Novacap in connection with credit facilities partially financing its acquisition and operation of Canada Diagnostic Centres*
Technology, Media and Telecommunications
- Acting for TD Securities Inc. and the lending syndicate in connection with $1,150,000,000 aggregate credit in favour of Bragg Communications Inc. (Eastlink)
- Acting for The Toronto-Dominion Bank in connection with $100,000,000 aggregate credit in favour of an educational software development and marketing company*
Automotive Finance
- Acting for a syndicate of lenders led by Bank of Montreal in connection with aggregate credit exceeding $1,300,000,000 relating to a UK take-private acquisition transaction by an international auto group
- Acting for The Toronto-Dominion Bank, Bank of Montreal and the lending syndicate members in connection with $800,000,000 aggregate credit in favour of an international automotive group
- Acting for The Toronto-Dominion Bank in connection with over $120,000,000 aggregate credit in favour of Lapointe Automotive Group
Financial Institutions/Pension Funds
- Acting for Scotiabank Global Banking and Markets, TD Securities Inc. and the syndicate of lenders in connection with a US$1,400,000,000 credit facility in favour of a prominent Canadian pension fund in respect of a novel royalties financing
- Acting for The Toronto-Dominion Bank and certain syndicate members in connection with $700,000,000 aggregate credit in favour of CI Financial
- Acting for TD Securities Inc. and certain syndicate members in connection with $250,000,000 aggregate credit in favour of Equitable Bank
Food/Grocery
- Acting for Scotiabank Global Banking and Markets and the lending syndicate in connection with over $1,000,000,000 aggregate credit in favour of Empire Company and Sobeys Inc.
- Acting for The Toronto-Dominion Bank and the lending syndicate in connection with $130,000,000 aggregate credit in favour of a North American baked-goods manufacturing and wholesale distribution enterprise*
- Acting for The Toronto-Dominion Bank and the lending syndicate in connection with $100,000,000 aggregate credit in favour of a North American food processing enterprise*
- Acting for BMO Capital Markets and Scotiabank Global banking and Markets in connection with US$225,000,000 aggregate credit in favour of an iconic North American quick-serve restaurant chain*
Healthcare
- Acting for The Bank of Nova Scotia and the lending syndicate in connection with $60,000,000 aggregate credit in favour of an international dental/healthcare “roll-up”*
- Acting for The Toronto-Dominion Bank and the lending syndicate in connection with over $100,000,000 aggregate credit in favour of Canada’s largest orthodontic “roll-up”*
Industrial/Consumer Products
- Acting for BMO Capital Markets and the lending syndicate in connection with $1,200,000,000 aggregate credit in favour of CCL Industries – the world’s largest label company
