Howard S. Silverman  

Partner

Executive Summary

Howard S. Silverman is a partner and member of the Financial Services Group of Borden Ladner Gervais LLP. He is a graduate of the University of Toronto Faculty of Law and was called to the Ontario Bar in 1991. His practice emphasizes representation of lenders, as well as borrowers, in a variety of lending transactions, including capital markets transactions.

"Howard Silverman is well regarded for his work with both lenders and borrowers on a wide array of lending transactions. He has an impressive track record handling cross-border matters, with noteworthy experience advising on matters with a US component." (Chambers Canada 2018)

Representative Work

  • Representing The Bank of Nova Scotia and Bank of Montreal, as co-lead arrangers, and The Bank of Nova Scotia, as administrative agent, in connection with US$482 million term loan and US$343 million revolving credit facility in connection with acquisition by New Flyer group of companies of Motor Coach/MCI group of companies.
  • Representing The Bank of Nova Scotia and The Toronto-Dominion Bank, as co-lead arrangers, and The Bank of Nova Scotia, as administrative agent, in connection with US$1.2 billion credit facility for Agnico Eagle Mines Limited.
  • Representing Bank of America, as administrative agent, in connection with the US$330 million acquisition financing by Bauer Sports of Easton baseball.
  • Representing a US financial institution, as administrative agent, in connection with US$625 million credit facility to diversified food service equipment company.
  • Representing a US financial institution, as administrative agent, in connection with US$350 million credit facility to global business advisory firm.
  • Representing a US bank, as administrative agent, in connection with a US$850 million real estate-based financing.
  • Representing a US bank, as administrative agent, in connection with a US$2 billion real estate-based financing.
  • Representing a US insurance company in connection with a $300 million loan to storage company, secured by 50 properties across Canada.
  • Representing a supplier of branded school, office and consumer products in connection with US$1.02 billion syndicated acquisition financing.
  • Representing a US bank, as collateral agent, in connection with the US$1.8 billion acquisition by Lundin Mining of a copper mine in Chile.
  • Representing a manufacturer of ventilation system products in connection with US$250 million syndicated asset-based credit facility.
  • Representing CIBC, as agent, in connection with $150 million asset-based credit facility to Noranda Operating Trust.
  • Representing a modular building and storage container company in connection with a syndicated asset-based credit facility, and restructuring and recapitalization.
  • Representing Globalive Capital in the restructuring and recapitalization of Wind Mobile.
  • Representing a company that produces unsaturated polyester resins for composites and coating resins in its restructuring and recapitalization.
  • Representing a heavy construction and mining services company in connection with its credit facility with a syndicate of lenders.
  • Representing an investment advisory firm in connection with its credit facility with its lender.
  • Representing the agent for a syndicate of lenders in connection with a cross-border credit facility to a logistics company.
  • Representing the agent for a syndicate of lenders in connection with a cross-border credit facility to a bridge building and renovating company.
  • Representing the agent for a syndicate of lenders in connection with a cross-border credit facility to a digital imaging and video equipment rental company.

Publications & Presentations

  • Lecturer, "Drafting and Negotiating the Credit Agreement," Federated Press, Loan Documentation Course, 2015-16.
  • Author, "Lenders Must Ensure Compliance with Guarantee Conditions or Risk Discharge of Guarantee: Coast Mountain Aviation v. Brooks Enterprises," National Banking Law Review, April 2013.
  • Author, "Inadvertently Discharged PPSA Financing Statement Saved by Equity," National Creditor Debtor Review, March 2013.
  • Lecturer, "Asset-Based Lending," Secured Lending and Debt Finance Course, Osgoode Professional Development, 2007-17.
  • Lecturer, "Independent vs. Co-Extensive Limitation Periods for Guarantees in Ontario: The Bank of Nova Scotia v. Williamson," National Banking Law Review, April 2009.
  • Speaker, "Asset-Based Lending," Insight Advanced Asset-Based Lending Conference, 2007-08.
  • Author, "Negotiating Landlord Waivers," CCH Commercial Times, May 2003.

Rankings & Recognitions

  • Selected by peers for inclusion in the 2018 edition (and since 2011) of The Best Lawyers in Canada® (Banking and Finance Law).
  • Recognized in the 2018 edition (and since 2016) of Chambers Canada - Canada's Leading Lawyers for Business (Banking and Finance).
  • Recognized in the 2017 edition (and since 2015) of Chambers Global - The World's Leading Lawyers for Business (Banking and Finance).
  • Recognized in the 2016 edition of Who's Who Legal: Canada (Banking).
  • Recognized in the 2016 edition of the Legal 500 Canada (Banking and Finance).
  • Recognized in the 2016 edition of The Canadian Legal Lexpert Directory (Asset Equipment Finance/Leasing).
  • Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.