The Canadian Version of Ruda's Transactional Guide to Asset Based Lending
Asset based financing requires different structuring and control than traditional bank lending. The asset based financing industry is relatively new to Canada - but has quickly become a large provider of debt financing.
Asset Based Lending in Canada adapts Howard Ruda's definitive Asset Based Financing - A Transactional Guide to Canadian law and practice and explains how to manage each stage of a transaction. Alison R. Manzer's analysis simplifies the original text to focus on the most critical information for Canadian users, while adding the applicable Canadian law.
Discover how Canadian laws and practice uniquely apply to the asset based loan as to:
- The grants of credit
- Personal property security
- Real estate
- Claims by and against the federal government
- Letters of credit
- Debt subordination
- Bankruptcy proceedings
Learn how to:
- Avoid legal pitfalls related to asset based financing
- Perfect and monitor the security held for the loan
- Proceed in the event of default
- Reconcile the conflicting interests of third parties, including statutory lienors, unsecured creditors, taxing authorities and others
Draft with Confidence
Asset Based Lending in Canada contains a set of precedents to help you create effective financing contracts. Each precedent contains detailed notes explaining clauses and alerting you to drafting risks.
Includes:
- Loan agreement
- Security agreement
- Guarantee
- Subordination and standstill agreement
- Secured creditor acknowledgement
- Hypothec for Quebec
- Closing checklist and more
A One-Stop Resource For
- Canadian corporate/commercial lawyers who need a reference on the Canadian laws governing asset based finance
- General Counsel acting for borrowers who need to make informed decisions about seeking and structuring asset based loans
- Accounting firms whose clients make use of asset based financing
- Banks/finance companies who wish to offer asset based loans to Canadian companies
Chapter 1: Introduction to Asset Based Financing
Chapter 2: Grant of Credit
Chapter 3: Personal Property Security Legislation
Chapter 4: Personal Property Searches and Filing
Chapter 5: Security Involving Real Estate Interests
Chapter 6: Real Estate Aspects of Asset Based Financing
Chapter 7: Claims by and Against the Federal Government
Chapter 8: Intellectual Property Financing
Chapter 9: Guarantees
Chapter 10: Letters of Credit
Chapter 11: Joint Loans and Participations
Chapter 12: Intercreditor Agreements
Chapter 13: Debt Subordination
Chapter 14: Bankruptcy
Alison R. Manzer, B.Sc., LL.B., LL.M., M.B.A. & Howard Ruda, B.A., J.D.
Alison R. Manzer, B.Sc., LL.B., LL.M., M.B.A., is a Partner in the Financial Services Group at Cassels Brock & Blackwell LLP. She has an extensive commercial law practice, with a large cross border and international practice base including financial institution regulation, asset based lending, securitization, conduit and derivative structuring, commercial lending, corporate finance, banking, insolvency and bankruptcy, personal property leasing and related areas. Ms. Manzer has held several financial services industry directorships and many positions with the Canadian Bar Association. She is a member and regent of the American College of Commercial Finance Lawyers.
Howard Ruda, B.A., J.D., is Counsel to Hahn & Hessen LLP in New York City. He has over 30 years' experience representing financial institutions engaged in accounts receivable financing, factoring, sales financing, equipment financing and equipment leasing. He participates in all types of secured loans, financial asset securitizations, equipment leases and off-balance sheet financings. Mr. Ruda is the editor of the five-volume treatise Asset Based Financing - A Transactional Guide, published by LexisNexis® Matthew Bender®. He frequently lectures on secured lending at Continuing Legal Education programs (including the Practising Law Institute and American Bar Association).
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