Kevin McGrath

Kevin McGrath  


Executive Summary

Kevin McGrath has extensive experience and is engaged in a broad financial services/business law practice with particular emphasis on financial institution regulation and compliance, secured and unsecured debt financing of all types (including, without limitation, syndicated lending, senior cash flow financing, asset based lending, mezzanine financing, auto and dealership financing, structured finance, trade finance, consumer finance, supply chain finance and factoring), banking, equipment leasing, insolvency, restructuring, workouts and general corporate/commercial matters.

From 1995-1998, Kevin was employed as in-house counsel with a Canadian Schedule I bank. He gained extremely valuable insight and experience regarding the business, structure and operations of banks in Canada, which provide him with unique insight and perspective when acting on behalf of financial institutions.

Representative Work

  • Structuring, negotiating and documenting, on behalf of a variety of institutional lenders, lessors and borrowers, the terms of numerous Canadian and international multi-million dollar debt financing transactions, including term financing, operating financing, leasing, inventory financing, acquisition financing, syndicated financing, asset-based lending, and all related security and intercreditor matters.
  • Providing regulatory analysis and advice to various financial services providers (including without limitation banks, leasing companies, loan companies and trust companies) in connection with their establishment, expansion, business powers, significant transactions and continuing operations both in Canada and internationally.
  • Acting on behalf of a variety of financial institutions in connection with insolvency matters, security enforcement, restructurings and workouts, including the liquidation and winding up of a Schedule II bank.
  • Representing a syndicate of international lenders for the past 10 years in connection with a $200-million asset-based lending credit facility to a public corporation involved in the organic food business.
  • Acting for a Schedule 1 Canadian bank in connection with the establishment of a $100-milion supply chain finance program and the establishment of a $200-million insured receivables purchase program for a corporation involved in the aerospace industry.
  • Providing all required advice regarding the establishment and ongoing power and activities, together with preparation of template loan and security documentation for use by such entity in its Canadian operations, of a Schedule III authorized foreign bank branch of a United States incorporated bank operating in Canada.
  • Providing all required advice regarding the establishment of an equipment leasing subsidiary in Canada of a global financial institution, together with the preparation of all relevant program documentation regarding the leasing activities of such entity, and the provision of structuring advice regarding the securitization of the lease portfolio.
  • Represented a syndicate of lenders in connection with the syndicated financing, and subsequent restructuring pursuant to Companies' Creditors Arrangement Act proceedings, of $200 million in credit facilities provided to a public corporation operating in the paper/forestry industry in Canada.
  • Represented a single Canadian Schedule 1 bank and subsequently a syndicate of lenders in providing multiple credit facilities in an amount of up to $250 million in connection with the establishment, continued growth and operation of an environmental management services corporation operating across Canada.
  • Represented a syndicate of international lenders in connection with operating and acquisition financing in an amount of up to $345 million provided to a corporation operating in the product distribution industry.

Publications & Presentations

  • Author, "Legal Issues in Canada," World Leasing Yearbook, Euromoney, 2002-10 editions.
  • Presenter, "Structuring deals to Attract Non-Aboriginal Business," Insight's Fourth Aboriginal Economic Development Forum, February 1999.
  • Presenter, "Syndicated Commercial Lending: Sharing the Risks and Rewards," The Canadian Institute's 6thAnnual National Summit on Commercial Loan Finance & Security, March 2004.
  • Speaker at various financial institution client continuing education seminars, including the preparation and delivery of various courses/learning modules for clients relating to the structuring and documenting of financing transactions, security enforcement, restructurings and financial services regulatory matters.

Rankings & Recognitions

  • Recognized in the 2016 edition of The Canadian Legal Lexpert® Directory (Asset Equipment Finance/Leasing).