Lexpert Special Editions

Global Mining November 2013

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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LEXPERT RANKED LAWYERS Armstrong, QC, Bradley Lawson Lundell LLP (604) 631-9126 barmstrong@lawsonlundell.com > Mr. Armstrong has extensive experience relating to major resource project approvals, including regulatory processes, environmental assessments, impact and benefits agreements, judicial review proceedings and injunctions. Baldwin, Christopher G. Lawson Lundell LLP (604) 631-9151 cbaldwin@lawsonlundell.com > Mr. Baldwin advises on mine development, construction, operation and mining M&A in Canada and the world. His practice includes mining contracts with foreign governments, IBAs with Aboriginal groups, JVs, royalties, strategic alliances and partnerships. Belsher, Cameron G. McCarthy Tétrault LLP (604) 643-7985 cbelsher@mccarthy.ca > Mr. Belsher's practice focuses on M&A, joint ventures and corporate finance primarily in the mining, technology and transportation industries. Representative clients include issuers, their boards, private equity and investment dealers. Bennett, Mark T. Cassels Brock & Blackwell LLP (416) 869-5407 mbennett@casselsbrock.com > Mr. Bennett has extensive experience representing Canadian and international mining companies involved in business combinations, take-over bids, public offerings, private placements, metal streaming and royalty transactions and stock exchange listings. Blouin, Michel Lavery, de Billy, L.L.P. (514) 877-3041 mblouin@lavery.ca > Mr. Blouin's securities practice for the mining industry engages incorporations, M&A and reorganizations. He advises on a broad range of matters including mobilization of capital, issuance of securities and international agreements. Boivin, Pierre McCarthy Tétrault LLP (418) 512-3012 piboivin@mccarthy.ca > Mr. Boivin's practice is broadly based, with a focus on the areas of M&A, private equity and related commercial matters, and the planning and negotiation of business transactions. He is national co-leader of his firm's Africa Initiative. 8 LEXPERT | 2013/14 | WWW.LEXPERT.CA HudBay Minerals Inc., stream and royalty companies are getting pickier. "I think the streaming companies are being a little bit more particular when doing their due diligence and deciding which company or which stream to invest in." "[AT THE PROSPECTORS & Developers Association of Canada Convention, mine executives were busy] talking to folks in the streaming and royalty business. They were booked solid. Meeting after meeting after meeting. So clearly there is a lot of demand. So this is a golden moment, no pun intended, for the streamers and the royalty companies. They can pick and choose and take the most attractive projects." – Ian Arellano, Torys LLP For their part, miners are finding streaming deals can be done more quickly than traditional loans or issuing equity. And compared to conventional bank loans, says Litwack, streaming deals have far fewer restrictive covenants. Banks often restrict mine companies from seeking additional debt, selling assets, spinning off divisions or engaging in other activities in exchange for their loans. With streaming and royalty deals, mine companies can retain full control over their operations. Streaming deals, continues Litwack, "also fairly well align the developmental and operating risks of the project between the mining company and the streaming company, because neither succeeds unless the project succeeds. And both show higher degrees of success the more successful the project." Project quality has never been so critical as now, says Farris's Murray. "Obviously a rising tide lifts all boats. But when the tide is not rising, it exposes those projects that may be more marginal given current commodity prices. If you do have a project and are looking for financing options, boy, you've better done your homework." That's easier for large and intermediate-sized companies. Before the crash, juniors could opportunistically raise cash for continued exploration on the TSX Venture Exchange. But these days, cash-strapped juniors face the challenge of doing the testing, drill-

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