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Marc Mercier

Marc is a partner in the Financial Services Group with a particular emphasis in his practice on secured, unsecured and merger and acquisition financing, treasury management and financial derivatives-related matters, and reorganizational workouts and restructurings. Marc also handles extensive financing work in the subordinated/convertible debt, venture capital and private equity areas.

A few examples of Marc's work in these areas include:

• Acts for a number of TSX and NYSE reporting issuers in connection with corporate and finance matters.
• Acts for leading energy (electricity and natural gas) suppliers and marketers in Canada.
• Acts extensively for a number of Canadian and foreign banks in relation to loans, including syndicated financings, cross-border multi-currency transactions, project financings and LBO financings, as well as knowledge-based and subordinated lending transactions.
• Acts extensively for labour sponsored venture funds in connection with their securities and tax regulatory needs, as well as in connection with their investments in equity, quasi-equity and qualified debt obligations.
• Routinely acts for foreign and domestic lenders, monitors and receivers in connection with special accounts, work-out related, security enforcement and receivership files. Experience includes lead counsel roles in connection with various current or recent high profile insolvency and CCAA proceedings, such as Ivaco Inc., Tahera Diamond Corporation, Brute Engineering, Cedar Grove School and Brooklin Concrete.
• Drafted and negotiated all subordinated debt arrangements in relation to a multi-billion dollar public infrastructure acquisition file for the successful bidders thereof.
• Acted for a large Canadian pension fund as lender with the structuring, drafting and negotiating of a complex securities lending arrangement.
• Recently acted for Bear Stearns & Co. Inc. and RBC Capital Markets in connection with the $1.37 billion buy-out of Gateway Casino Income Fund by New World Gaming Partners Ltd., a joint venture controlled by Macquarie Group Limited.
• Recently acted for J.P. Morgan Chase, N.A. in connection with the establishment of a $125 million warehousing facility for Porsche.
• Routinely acts for regulated financial institutions in connection with their derivatives businesses and dealings with regulators.
• Acts extensively for financial institutions and end-users of swaps and other financial derivative instruments in the treasury management and commodities areas.
• Acts extensively for the investment banking arm of a U.S. financial institution in relation to a number of asset backed securitization programmes established in Canada.

Marc is the author of various articles published in legal journals and texts. He speaks frequently at derivatives, secured lending, insolvency and restructuring, and law reform conferences and bank seminars. Marc was chosen in 2005 as one of the Canadian delegates at a UNCITRAL colloquium on Commercial Fraud in Vienna, Austria. In addition to formerly being an adjunct faculty member at the University of Toronto Faculty of Law (1998–1999), where he led classes in debt financing and re-structuring, Marc is currently an adjunct faculty member at Osgoode Hall Law School at York University, where he teaches an advanced financing law course in the graduate banking programme.

Education

LL.M., Boston University, 1994
LL.B., University of New Brunswick, 1991
B.A. Hons., University of Western Ontario, 1988

Achievements

• Chambers Global 2010 (Banking & Finance)
• Chambers Global 2009 (Banking & Finance)
• Martindale-Hubbell, BV Distinguished^TM rating
• Vice President, Boston University’s Alumni Association of Canada
• Director, Napier Environmental Technologies
• Governor, Cobourg Cougars Junior "A" Hockey Club

Call to the bar

Ontario, 1993

Associations

• Canadian Bar Association (Insolvency Law Section)
• Canadian Insolvency Foundation
• Insol International
• Ontario Bar Association
• Ontario Hockey Association, Junior "A" Board of Governors

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