Shane B. Pearlman  

Partner

Executive Summary

Shane Pearlman is a partner in the Toronto office of Borden Ladner Gervais LLP and a member of the Financial Services Group. His practice involves:

  • Representing lenders and borrowers in domestic, cross-border and international financing transactions and restructurings.
  • Advising financial institutions with respect to banking and financial services, including legislative powers and compliance.
  • Representing firms acting as receivers, monitors and trustees in connection with insolvencies and restructurings.
  • Representing private companies with respect to general corporate and commercial matters.
  • Representing project developers, sponsors, proponents and lenders on major power projects and transportation, hospital and other infrastructure projects.

Representative Work

  • Acted in Canada for the syndicate of lenders led by Bank of America, N.A. in connection with a US $450 million multi-jurisdictional senior secured term loan facility in favour of Bauer Performance Sports Ltd. and a US $200 million asset-based revolving credit facility in favour of Bauer's U.S. and Canadian subsidiaries, to finance the acquisition of the baseball and softball-related businesses of Easton-Bell Sports, Inc.
  • Acted in Canada for the syndicate of lenders led by Bank of America, N.A. in connection with a US $2.3-billion senior secured multi-jurisdictional credit facility to finance the acquisition of RailAmerica, Inc. by Genesee & Wyoming Inc.
  • Acted in Canada for the syndicate of lenders led by Wells Fargo Bank, National Association, in connection with a US $4.3-billion credit facility in favour of WestRock Company and RockTenn Company of Canada Holdings Corp. The proceeds from the credit agreement were used to partially finance the merger of Rock-Tenn Company and MeadWestvaco Corp. which resulted in the formation of WestRock Company in a deal valued at approximately US $16 billion.
  • Acted in Canada for Citigroup Capital Markets, Barclays Capital, BNP Paribas, RBC Capital Markets and UBS Investment Bank in the concurrent CHF 350-million and US $425-million offerings of senior secured notes by Aguila 3 S.A. issued in connection with the sale of Swissport International Ltd. to PAI Partners SAS.
  • Acted for Infrastructure Ontario and the Centre for Addiction and Mental Health (CAMH) in connection with the $551-million design, build, finance and maintain project for the re-development of CAMH's Queen Street West site in Toronto by Carillion Health Solutions.
  • Acted for the syndicate of lenders led by The Bank of Nova Scotia in the related $1-billion senior unsecured credit facility in favour of CanWest MediaWorks Limited Partnership and $500-million senior secured revolving credit facility in favour of CanWest MediaWorks Inc. in connection with the $550-million initial public offering of CanWest MediaWorks Income Fund.
  • Acted in Canada for the syndicate of lenders led by Bank of America, N.A. in connection with a US $240 million multi-jurisdictional first lien credit facility in favour of Mitel Networks Corporation and Mitel US Holdings, Inc.
  • Acted for The Bank of Nova Scotia and National Bank of Canada in the $56-million financing of Clean Power Income Fund in respect of the Erie Shores Wind Farm project. In response to the Ontario government's Request for Proposals for renewable energy, the project represented the largest wind power project in Southern Ontario.
  • Acted for Ernst & Young Inc., in its capacity as monitor with respect to proceedings under the Companies' Creditors Arrangement Act (Canada) for the restructuring of $32-billion of non-bank asset-backed commercial paper.
  • Acted for Infrastructure Ontario, The Ottawa Hospital and Queensway-Carleton Hospital in connection with the $180-million re-development of the cancer program at The Ottawa Hospital and Queensway-Carleton Hospital by PCL Constructors Canada Inc.
  • Acted for Larco Investments Ltd. in the $1.4-billion acquisition, financing and 25-year leaseback of seven Government of Canada office properties located across Canada. This transaction involved the acquisition of a large real estate portfolio that closed concurrently with a private placement bond financing.
  • Acted for Stonecrest Capital Inc., in its capacity as collateral agent to the trustee of Air Canada's pension plans, with respect to proceedings under the Companies' Creditors Arrangement Act (Canada) for the restructuring of Air Canada.
  • Acted for Infrastructure Ontario and The Royal Victoria Hospital in connection with the $258.5-million Phase I Expansion Project at The Royal Victoria Hospital by Vanbots, a division of Carillion Construction Inc.

Publications & Presentations

  • Speaker at various seminars relating to lending and insolvency matters
  • Speaker, "Cross-Border Lending," BLG's Financial Services Group National Symposium, November, 2016.
  • Quoted, "Insolvency bar eager for changes to Personal Property Security Act," Law Times, March 23, 2015.
  • Author,"Update on Amendments to the Personal Property Security Act (Ontario)," National Creditor/Debtor Review, March 2015.
  • Author, "Update on Amendments to the Personal Property Security Act (Ontario)," Financial Services Bulletin, January 2015.
  • Author, "Rights of Trustees in Bankruptcy and Secured Creditors to Licenses held by a Debtor," National Insolvency Review, June 2009 (with the assistance of Nabil Dhirani, articling student).
  • Author, "A Latin American Twist to the Re: Teleglobe Inc. Restructuring," Insolvency News (Ontario Bar Association), February 2006.

Rankings & Recognitions

  • Recognized in the 2016 edition of IFLR 1000 - The Guide to the World's Leading Financial Law Firms as a Rising Star (Banking).
  • Martindale-Hubbell® AV® Preeminent™ Peer Review Rated.