 Bennett Jones Education Osgoode Hall Law School, York University, LLB, 1998 Bar Admissions Ontario, 2000 New York, 2003 Mark Rasile helps clients navigate the areas of lending and finance, both in private and public debt capital markets and through alternative credit sources and traditional commercial banks. Overview Mark has broad experience advising on various types of financing transactions, routinely acting for a wide range of domestic and foreign credit providers, including banks and alternative lenders, borrowers and sponsors. He advises on both domestic and cross-border syndicated loan financings; acquisition and take-over bid financings; 1st/2nd lien structures; unitranche financings; complex intercreditor arrangements; workouts; restructurings; public and private bond offerings; and other debt capital markets transactions. He is an honorary member of the Canadian Bond Investors Association (CBIA), where he has collaborated with many leading Canadian institutional debt capital market investors in developing the CBIA’s model covenants paper and associated commentaries. Private and Alternative Credit Provider Representations • Joint Lead Arrangers (direct PE lenders), in the US$610 million syndicated credit facilities to finance, in part, the acquisition via plan of arrangement of People Corporation by the Goldman Sachs merchant banking division. • Tikehau Investment Management SAS, as lead arranger of the US$141.5 million syndicated credit facilities provided to certain funds managed or advised by Archimed SAS in connection with its acquisition of a Canadian based health and wellness business. • GSO Capital Partners and the private equity lender group in the C$217-million senior secured financing provided to Investindustrial Group Holdings, the private equity acquiror of Jupiter Holding and Jacuzzi Brands. • Private credit provider in connection with the issuance of $850 million second lien notes by Air Canada via private placement. • Private credit providers in connection with the issuance by Neptune Acquisition Inc. of $150 million second lien notes via private placement used to fund Neptune's acquisition of Maxar Technologies ULC, MDA GL Holdings Ltd., and MDA Systems Inc. • GSO Capital Partners LP, a subsidiary of The Blackstone Group, in its US$124 million unitranche term loan facility with Dominion Colour Corporation to finance, in part, the successful acquisition of LANSCO Colors LLC (formerly Landers-Segal Color Co., Incorporated). • Private credit provider in connection with the issuance by Maxar Technologies Inc. of US$150 million high yield notes via private placement. • Canso Investment Counsel Ltd., as sole credit provider in Postmedia Network Inc.'s $95.2 million issuance of first lien notes. • Canso Investment Counsel Ltd., the largest first lien debtholder, in its $600 million recapitalization of Postmedia Network Inc. (PNI) pursuant to the Canada Business Corporations Act, including significant amendments to PNI's outstanding senior secured notes and the paydown of approximately $78 million of the first lien notes. • Private credit providers in connection with the issuance by Postmedia Network of $140 million subscription receipts, convertible into 8.25% senior notes, used to finance Postmedia's acquisition of certain of Sun Media's print assets. • Third Eye Capital Corporation, as lender in a $20 million term loan facility and $30 million revolving credit facility made to a corporation in the energy industry. • Debentureholders in Stuart Olson Inc.'s $70 million issuance of convertible unsecured subordinated debentures. • The principal investors in the refinancing of Tuckamore Capital Management Inc., through the issuance by Tuckamore to the investors, on a private placement basis, of 8.00% Senior Secured Debentures due 2026 in an aggregate principal amount of $176,228,000, as well as the issuance of 10.00% Second Lien Secured Convertible Debentures due 2026 in an aggregate principal amount of $35,000,000. Syndicated Loan Bank Representations • The lead arrangers and the lending syndicate of a US$2.55-billion term facility and US$600-million revolving credit facility to support the US$6.3-billion sale of Nuvei • BofA Securities, Inc., CIBC World Markets Corp. and RBC Capital Markets, LLC in connection with the remarketing of Algonquin Power & Utilities Corp.'s US$1.15-billion aggregate principal amount of 1.18% Senior Notes. • Credit Suisse and a large UK investment bank, as lead arrangers, and Bank of Montreal, as administrative agent, in connection with the US$2.01 billion 1L, 2L and ABL facilities to finance the US$2.6-billion acquisition by Cinven of Bayer Environmental Science (a carve-out transaction of Bayer AG's environmental science business). • The lead arrangers and the syndicate of lenders, in the US$3.0 billion amended and restated multi-currency revolving credit facility for Barrick Gold Corporation. • The lead arrangers and the syndicate of lenders, in the US$1.0-billion amended and restated multi-currency revolving credit facility for Cameco Corp. • Bank lender in a multi-currency bilateral credit facility for Cameco Corp. • China Construction Bank Corporation, as mandated lead arranger, in the US$870-million credit facilities to finance, in part, the CAD$1.86-billion friendly take-over bid by Zijin Mining Group Co. of Nevsun Resources Ltd. • Canadian Imperial Bank of Commerce, New York Branch, as lead arranger, bookrunner, and lender in term loan facilities totalling $175 million and $100 million revolving credit facility to Contanda LLC. • Skandinaviska Enskilda Banken AB (publ), as joint lead arranger and joint bookrunner in term loan facilities totalling $385 million and $125 million revolving credit facility made to a corporation in the medical technology industry. • A lead arranger and lender syndicate in the US$1.36 billion credit facilities to finance the successful acquisition of UAP Holding Corp. by Agrium Inc. • The lead arranger and lending syndicate in connection with the $380 million first lien and $172 million second lien credit facilities for Nelson Education Ltd. Issuer and Company Representations • The majority holder of senior secured notes and preferred shares of Flint Corp. in connection with a transformational recapitalization transaction involving Flint pursuant to a plan of arrangement under the Alberta Business Corporations Act • The Initial Consenting Senior Secured Noteholders of Sherritt International Corporation, a nickel and cobalt producer and refiner, in connection with a note exchange and recapitalization by way of Court-approved plan of arrangement • Stantec Inc. in its C$425-million private placement of unsecured notes • Park Lawn Corporation, a funeral, cremation and cemetery provider, in its C$1.2-billion going private transaction involving Viridian Acquisition. • Stantec Inc., in the $250-million offering of senior unsecured notes by way of private placement. • Cenovus Energy Inc., in its $23.6-billion acquisition of Husky Energy Inc. and related amendments to US$ and Cdn$ senior notes and credit facilities of Cenovus and Husky. • Ali Group S.r.l., in connection with its approximately US$4.5-billion acquisition financing for its acquisition of Welbilt, Inc., comprising of term and revolving loan facilities. • Stantec Inc., in connection with all its debt financing related matters, including its $1.1 billion credit facilities and multiple note offerings under its trust indenture platform via private placement. • Obsidian Energy Ltd. with multiple financings, refinancings and other debt raises, including cashflow and reserve-based credit facilities, private note offerings, high-yield offerings and other financings with alternative credit provides, as part of Obsidian's maintenance, adjustment and de-levering of its debt capital structure. • GoodLife Fitness Centres Inc., in its $310 million financing under the LEEFF program. • Parkland Fuel Corporation, in its $1.2-billion term and revolving credit facilities and $1.1-billion bridge facilities to finance the acquisition of certain integrated downstream refining and marketing business assets of Chevron Canada Limited. • Leading Canadian property developer, in its US$130 million bank facility arranged by Bank of Nova Scotia used to finance its acquisition of minority interests in a significant, US based residential development business. • Bumble Bee Foods, LLC, in its $80 million debtor-in-possession term loan facility and $200 million debtor-in-possession ABL credit facility. • VimpelCom Ltd. in the restructuring and disposition of its interests in WIND Mobile Canada to a consortium of buyers, including the approximately $2.0 billion of related party debt owed by WIND to VimpelCom and its affiliates. |