Lexpert Special Editions

Special Edition on Corporate 2017

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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10 LEXPERT | 2017 | WWW.LEXPERT.CA PHOTO: SHUTTERSTOCK BOUGHT DEALS Even public companies in the US, accustomed to lower-cost alternatives, are starting to see the benefits of the "bought deal" mechanism for issuing equity By Brian Burton THE CANADIAN ADVANTAGE After three decades as the undisputed heavyweight champ of Canadian equity markets, the bought deal may be attracting challengers, but none of them are true contenders. Bought deals — in which underwriters buy the entire issuance from the client company before it's marketed to the public — have been very good busi- ness in Canada, accounting for some 90 per cent of non-IPO (initial public offering) Canadian equity issuances, year in and year out. With quarterly bought-deal totals regularly reaching several billion dollars, Canadian invest- ment banks as a group earn hundreds of millions per quarter. e companies issuing the equity get big no-risk capital injections — which can be dedi- cated to stated uses — and investors have proven ready to consistently buy up at least the name-plate offering, frequently extending to over-allotments of shares that further reward issuers and underwriters. Since its introduction by Gordon Capital in the mid-1980s, experts say, the all-powerful bought

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