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Negotiation of a pre-filing US$110 million loan and credit facility

Fasken
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Overview

Client

Ad Hoc Group of Lenders to Westemoreland Coal Company

WCC is one of America’s oldest coal mining companies, with material operations in the United States and Canada. WCC and certain of its subsidiaries filed Chapter 11 bankruptcy proceedings in the United States in October 2018. We are acting as Canadian counsel (alongside Kramer Levin in the United States) to the Ad Hoc Group. In the course of our engagement we have advised Kramer Levin and our clients in connection with, among other things (i) the negotiation of a pre-filing US$110 million secured bridge loan facility, (ii) a post-filing DIP credit facility, and (iii) a stalking horse purchase transaction, which is expected to be put before the US bankruptcy court for approval in late 2018/early 2019.

Fasken advised as Canadian counsel with a team led by Stuart Brotman, Jon Holmstrom, Sean Stevens, Huy Do , Ross Gascho, Katherine Pollock and Christopher Steeves.

Team

  • Stuart Brotman, Partner | Co-Leader, Insolvency & Restructuring, Toronto, ON, +1 416 865 5419, [email protected]
  • Sean S. Stevens, Partner | Co-Leader, Capital Markets and Mergers & Acquisitions (CM and M&A), Toronto, ON, +1 416 868 3352, [email protected]
  • Huy Do, Partner | CO-LEADER, COMPETITION, MARKETING & FOREIGN INVESTMENT | LEADER, SOUTHEAST ASIA GROUP, Toronto, ON, +1 416 868 3505, [email protected]
  • Ross A. Gascho, Counsel | Pensions and Benefits, Toronto, ON, +1 416 865 5447, [email protected]
  • Christopher Steeves, Partner | Leader, Tax Law, Toronto, ON, +1 416 868 3401, [email protected]
Stuart Brotman Toronto Lawyer Stuart Brotman Partner | Co-Leader, Insolvency & Restructuring Toronto, ON +1 416 865 5419
Sean Stevens Toronto Lawyer Sean S. Stevens Partner | Co-Leader, Capital Markets and Mergers & Acquisitions (CM and M&A) Toronto, ON +1 416 868 3352
Huy Do Toronto Lawyer Huy Do Partner | CO-LEADER, COMPETITION, MARKETING & FOREIGN INVESTMENT | LEADER, SOUTHEAST ASIA GROUP Toronto, ON +1 416 868 3505
Ross Gascho Toronto Lawyer Ross A. Gascho Counsel | Pensions and Benefits Toronto, ON +1 416 865 5447
Christopher Steeves Toronto Lawyer Christopher Steeves Partner | Leader, Tax Law Toronto, ON +1 416 868 3401