Debt Financing Agreements and Security: Draft, Negotiate, and Risk-Proof Your Client’s Position

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Michel Deschamps is a lawyer with McCarthy Tétrault in Montréal. McCarthy Tétrault is one of the largest Canadian law firms, with offices in most major commercial centres in Canada as well as in New York City and London (England). Mr. Deschamps' practice focuses on loan syndications, secured transactions, trade finance, international banking transactions and the regulation of financial institutions. Mr. Deschamps also teaches banking law at the Law Faculty of the University of Montreal, where he is associate professor. He has given numerous presentations and proficiency courses for legal practitioners and academics. He is also the author of numerous articles on banking law, secured transactions, consumer protection law and conflict of laws. Mr. Deschamps chairs the Quebec Bar secured transactions committee and the editorial board of the Québec Bar law review. He is active in commercial law reform projects. He was a Canadian delegate to the United Nations Commission on International Trade Law (UNCITRAL) for the elaboration of the Convention on the Assignment of Receivables (approved in 2001) and the Model Law on Secured Transactions (approved in 2016). He participated in the preparation of the Cape Town Convention ("CTC") and its Aircraft Procol sponsored by UNIDROIT and ICAO and signed in Cape Town in 2001 (now in effect in more than 80 countries), the UNIDROIT Convention on intermediated securities signed in Geneva in 2009, the Space Protocol to the CTC signed in Berlin in 2019 and the MAC Protocol to the CTC signed in Pretoria in 2019 . He recently participated in other UNCITRAL and UNIDROIT projects (including the 2023 UNIDROIT Model Law on Factoring). He has also been involved in several Uniform Law Conference of Canada law reform projects. Mr. Deschamps is member of the Québec Bar and the Canadian Bar Association. He received in 2001 the Medal of the University of Montréal. In 2003, he became Fellow of the American College of Commercial Finance Lawyers and correspondent of UNIDROIT. He received in 2003 from the Canadian Bar Association the Paul-André Crépeau Medal in recognition of his contribution to the international aspects of commercial law. He received in 2008 from the Québec Bar the Advocatus Emeritus honour. In 2013, the University of Montreal awarded him an honoris causa doctorate. He appears in many lawyers guides as one of the leading lawyers in Canada in the area of banking.

Andie Lipetz is a senior associate in the Banking & Finance group at Stikeman Elliott LLP. Her practice focuses on secured and unsecured lending and debt financing. She acts for private equity sponsors, corporate borrowers, and lenders in a wide range of financing transactions, including syndicated credit facilities, asset-based loans, and acquisition financings, both domestic and cross-border, and across a broad spectrum of sectors.

A partner at Davies with over two decades of experience, Natasha provides clients with smart solutions for their complex insolvency and restructuring challenges. She is a skilled corporate commercial lawyer with wide-ranging litigation experience and regularly leads complex, high-profile restructuring mandates, often with cross-border elements. Natasha advises clients on a wide variety of debt restructuring, bankruptcy and insolvency, corporate debtor/creditor rights enforcement, turnarounds, workouts, plans of arrangement under the Companies’ Creditors Arrangement Act. Natasha has been involved in many significant and groundbreaking restructurings and insolvencies and has international experience in several jurisdictions, such as Canada, the U.S., the U.K., Israel, France, Spain, Italy, Brazil, Mexico, Singapore, Central and South America and Japan. Natasha is a guest lecturer at Osgoode Hall Law School, Schulich School of Business, The University of Western Ontario and the University of Toronto Faculty of Law, and co-authors a regular column in Rebuilding Success, the official magazine of the Canadian Association of Insolvency and Restructuring Professionals. She is also a co-author of Davies’ biannual Insolvency Now publication, a report on key trends and developments.

Christine works with her clients on transactions of all sizes, domestic and international, and their day-to-day corporate and commercial needs. Her practice focuses on mergers and acquisitions, banking and financing, corporate governance and infrastructure projects. Christine has a depth of experience leading teams and managing projects and is known for her practical approach.Christine has worked on transactions in a broad range of industries, including automotive, civil construction, environmental and waste services, transportation, agriculture, cannabis and telecommunications. Christine works with both private and public companies and understands the specific needs of private equity firms and family offices. Christine also has experience with in bound investment and cross-border financing structures. A regular presenter on matters of corporate governance, Christine also advises clients on directors' and officers' obligations, interpretations of policies, and conflicts of interest among other governance issues.

Leanne is a member of TGF’s restructuring and insolvency practice group and is a recognized leader in insolvency law. Leanne’s practice includes a variety of mandates, including workouts, refinancing, receiverships, bankruptcies, debtor protection and the enforcement of creditors’ rights. Leanne represents both debtors and financial institutions across a broad spectrum of industries, and she also represents court officers such as trustees in bankruptcy, receivers and CCAA monitors. As an experienced insolvency lawyer, Leanne is known for her collaborative and innovative approaches to resolving complex legal challenges. Her clients commend her strategic thinking and business expertise as keys to her success in the industry, often in ground-breaking mandates that set new precedents. Leanne is a passionate leader of and advocate for the practice of restructuring and insolvency law. She has been repeatedly recognized by Chambers Canada and Chambers Global as a legal leader for Restructuring and Insolvency, has been named a “Thought Leader” by Who's Who Legal and as a leading practitioner by The Canadian Legal Lexpert Directory and Expert Guides for restructuring and insolvency. Leanne is also a co-author of Lexology and International Financial Law Review (IFLR), and served as the President of the Toronto Chapter of the Turnaround Management Association. Outside of her practice, Leanne is an active community leader and regularly engages with local and national community organizations as part of TGF’s ongoing social responsibility endeavours. Leanne also plays a role in building the culture of the firm through its recruitment and development initiatives, and is an active mentor.