2nd Annual Cross-Institutional Lending Conference

08 décembre 2020

Presentations from the 2nd Annual Cross-Institutional Lending Conference are designed empower you with the knowledge needed to more effectively structure security for lending transactions, and provide valuable insights for difficult decisions and conversations that may need to take place in the months ahead.

  1. M&A in Uncertain Times
  2. Surviving Execution: The Who & How of Signing Loan Documents
  3. Fast Four: Things you may not know
  4. Introduction to Open Banking
  5. Pitfalls of Debt Recovery
  6. RIF Designations now subject to Pecore?
  7. Is Philanthropy in your Business Plan?
  8. Arrangements with Third-Party Creditors: When & How you need to deal with them
  9. Changes to the Construction Act
  10. Strategies to help Businesses Deal with COVID-19 Liquidity Issues

M&A in Uncertain Times

Presented by: Faran Umar-Khitab & Marcus Hinkley (Gowling WLG)

Uncertainty can result in a deal being delayed, altered or cancelled. This session is designed to explore, analyze and help navigate the impacts uncertainty can have on M&A transactions, and what you can do during these uncertain times to prepare your clients for success.

Faran Umar-Khitab and Marcus Hinkley will provide valuable insights from both the buyer's and seller's perspectives, and will address how the disruptive effect of COVID-19 is impacting M&A transactions in Canada.

LSO: This program is eligible for up to 0.5 hours of Substantive content

Surviving Execution: The Who & How of Signing Loan Documents

Presented by: Eric Rockefeller & Travis Evens (Gowling WLG)

The execution of your loan documents is not a matter to be taken lightly. This session will explore how you can determine whether the person executing your loan documents is properly authorized to sign; how trusts, partnership and LPs should sign loan documents; and whether an electronic signature on your loan documents is adequate.

LSO: This program is eligible for up to 0.5 hours of Substantive content

Fast Four: Things You May Not Know

Presented by: Alex Ross, Mark Giavedoni, Tim Ross (Gowling WLG) & Paul Wilson (AEL Environment)

This session features a series of short presentations that will touch on a range of topics. Attendees will hear from industry thought-leaders who will share insights related to:

Taking Security on Intellectual Property: Even though they are not physical assets that you can hold in your hands, or real property that you can stand on, it is possible to take a security interest in intangible intellectual property (IP) like patents and trademarks and still be on solid footing with a good grip on your collateral. This presentation will go over key points to make sure your security interest is effective and can be recorded in the right office.

Condo-specific Issues: This segment will focus on issues you should be aware of when lending to an existing condominium corporation, or where a borrower is offering condominium units as security. Mark will provide an overview of the types of condominium corporations, governance issues, lien priority, purpose of the loan proceeds and other issues.

Financing a Share Purchase Transaction: In this presentation, we will look at taking effective security over the target company and its assets, including the concept of a debt-pushdown, and the use of a post-purchase amalgamation.

Environmental Issues: Paul Wilson will discuss "How environmental assessments impact lending: The Good, The Bad, and The Ugly." Viewed through an environmental engineering lens, Paul will use case studies to discuss solutions to environmental needs, from simple to complex/challenging environmental sites.

LSO: This program is eligible for up to 0.5 hours of Substantive content

Introduction to Open Banking

Presented by: Emily Dies (Gowling WLG)

Open banking is a framework whereby consumers have access to their own banking data and can securely share it with external providers. This session will provide a high-level overview of the opportunities presented by open banking, practical challenges, and an update on how open banking is being adopted throughout the financial services industry.

LSO: This program is eligible for up to 0.5 hours of Substantive content

Pitfalls of Debt Recovery

Presented by: Stephanie Harvey & Emma Dalziel (Gowling WLG)

The lending transaction is complete and there is a default under the loan – now what? From CRA deemed trusts, to inconsistent loan agreements, this session will explore variables that may impact a lender's ability to fully recover its debt. This high level overview will provide context to some of the due diligence requirements often underpinning the lending transaction itself.

LSO: This program is eligible for up to 0.5 hours of Substantive content

RIF Designations now subject to Pecore?

Presented by: Karen Watters (Gowling WLG)

There is now authority in Ontario that the presumption of resulting trust applies to beneficiary designations on a RIF and other registered funds. Karen Watters from Gowling WLG's Estates Group will provide a summary of the Calmusky decision and its implications for clients and their estate plans.

LSO: This program is eligible for up to 0.5 hours of Substantive content

Is Philanthropy in your Business Plan?

Presented by: Mark Halpern, CFP, TEP, MFA-P (CEO, WEALTHinsurance.com)

Mark will describe the strategies he uses to help clients preserve wealth, mitigate tax liabilities, enhance final estate values and create enduring philanthropic legacies. Several of the strategies shown will illustrate creative financing arrangements available through banks, credit unions and other specialty lenders.

Mark's corporate goal is to create $100 million annually in new charitable donations working with clients, generous donors of non-profits and collaborating with allied professional like lawyers, accountants, bankers, investment and insurance advisors.

Here is the link to "The New Philanthropy", Mark's recent Ted Talk at Moses Znaimer's ideacity conference.

LSO: This program is eligible for up to 0.5 hours of Substantive content

Arrangements with Third-Party Creditors: When & How You Need to Deal with Them

Presented by: Richard Dusome & Matthijs van Gaalen (Gowling WLG)

Structuring a new loan transaction for any borrower is rarely an exclusive arrangement for a lender. There are multiple third parties who may have existing loan, security and other arrangements with your borrower. This session will focus on some key third parties who lenders must frequently deal with, what documents are needed to address those arrangements, and important elements to be included in those documents.

LSO: This program is eligible for up to 0.5 hours of Substantive content

Changes to the Construction Act

Presented by: Mark Giavedoni & Kevin Kolumbus (Gowling WLG)

This session will provide a general overview of the main changes to the Construction Act from 2018 and 2019 with a focus on how the changes impact lenders as payees, funding construction projects and the implications to your developer borrowers and their projects.

LSO: This program is eligible for up to 0.5 hours of Substantive content

Strategies to help Businesses Deal with COVID-19 Liquidity Issues

Presented by: David Cohen (Gowling WLG) & Scott Sinclair (President, Sinclair Range)

In times of economic uncertainty, lenders might be reluctant to provide loans to businesses at times when access to liquidity is most needed. As the fallout from COVID-19 continues, market observers are watching closely as governments, financial institutions and corporations navigate these economic hurdles.

Gowling WLG’s David Cohen and Scott Sinclair (President, Sinclair Range) will provide valuable and practical insights from a wide range of perspectives on the topic of liquidity support to small and medium sized companies, and the steps needed to meet their operational cash flow requirements.


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