Lexpert Special Editions

Special Edition on Infrastructure 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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36 LEXPERT | 2017 | WWW.LEXPERT.CA Wright, Brian G. Fasken Martineau DuMoulin LLP (416) 865-5488 bwright@fasken.com Mr. Wright represents financial institutions on domestic and cross-border projects, acquisitions, leveraged debt financings, syndications and asset- based lending in a wide range of industries including infrastructure, transpor- tation and energy. Wong, Lilly A. Gowling WLG (416) 369-4630 lilly.wong@gowlingwlg.com Ms. Wong is a senior practitioner specializing in the financial services and insolvency and restructuring areas. She has led many infrastructure and energy project finance loans and a wide range of other types of domestic and international loans. Wise, Howard M. Goodmans LLP (416) 597-4281 hwise@goodmans.ca Mr. Wise's practice includes trial and appellate work as well as mediation and arbitration of construction disputes. He also advises on P3, DBFM and EPC contracts. He regularly acts for owners, contractors and sub-contrac- tors. Author of the Manual of Construction Law and co-author of Construc- tion, Builders' & Mechanics' Liens in Canada (7th ed.), Carswell. Certified Specialist in Construction law. Wilson, Paul C. Fasken Martineau DuMoulin LLP (604) 631-4748 pwilson@fasken.com Mr. Wilson works on infrastructure, energy and natural resource projects. He currently advises on LNG-related infrastructure projects in northern BC re- garding project development approvals, infrastructure agreements with senior governments, project financing, First Nations agreements and contracting. He is also involved in rail, port and transportation projects to expand Canada's Pacific Gateway. Wilson, Judy Blake, Cassels & Graydon LLP (416) 863-5820 judy.wilson@blakes.com Ms. Wilson advises clients across the globe on the full spectrum of infrastruc- ture and public procurement issues. She has extensive experience in con- tracts to engage the private sector in the provision of traditional government services, and is a leading practitioner in the field of alternative finance and procurement projects and infrastructure development projects. Williams, Nicholas C. Davies Ward Phillips & Vineberg LLP (416) 863-5559 nwilliams@dwpv.com Mr. Williams is a partner in the finance, infrastructure, energy and corporate practices. His practice focuses on project finance, infrastructure develop- ment/acquisition, public-private partnerships and secured lending in which he has experience advising lenders, developers, equity investors, operators and governments across a variety of sectors, including infrastructure, energy and mining. LEXPERT-RANKED LAWYERS finance the long-term operation of eight hydroelectric generating facilities in Ontario. With a total installed capacity of approximately 142 MW, H2O Power is the third-largest provider of hydroelectric power in On- tario. BMO Nesbitt Burns Inc. and TD Securities Inc. acted as placement agents for the offering. Concurrently with the closing of the note offering, H2O Power also obtained $33.5 million of senior se- cured credit facilities with e Toronto-Dominion Bank and Bank of Montreal. e notes and the credit facilities rank pari passu. e credit facilities will be used for the purposes of general working capital and issuing certain letters of credit. H2O Power was represented by Blake, Cassels & Graydon LLP with a team including Ian Binnie, Phi- lippe Bourassa, Patrick Menda, Anthony Lanouette- Marier and Lisha Li (corporate/commercial/project finance), Joe Zed and Kendall Grant (securities), John Hutmacher (real estate) and Sharon Wong (regulatory). BMO and TD were represented by Davies Ward Phillips & Vineberg LLP with a team including Carol Pennycook, Gillian Stacey, Anthony Spadaro and Angela Susac (banking and project finance), Sarah Powell (environmental and regulatory) and Steven Willard (real estate). PSP was represented by Catherine Isabelle, its Direc- tor of Legal Affairs. BORALEX ACQUIRES ENERCON CANADA'S INTEREST IN THE NIAGARA REGION WIND FARM PROJECT On January 18, 2017, Boralex Inc. (Boralex) a leader in the Canadian market for the development, building and operation of renewable energy power facilities and France's largest independent producer of onshore wind power, completed the acquisition of all of the economic interest of ENERCON Canada Inc. (ENERCON) in the 230 MW Niagara Region Wind Farm Project (the Project), located in the Province of Ontario, for a total cash consideration of approximately $232.4 million. In connection with the transaction, Boralex accessed to the Project's senior secured ring-fenced financing from a syndicate of international financial institutions, total- ling $832.5 million. e financing was guaranteed by Euler Hermes, the German Export Credit Agency. e Project is equipped with 77 state-of-the-art ENERCON E-101 wind turbines of 3 MW each and provides power to thousands of Ontario homes with clean, emission and pollution free energy. Boralex was represented in-house by Pascal Hurtubise (Vice-President, Legal Affairs, North America) and by Stikeman Elliott LLP, with a team that included Maxime Turcotte, Maxime Jacquin, Dominique Rol- land (M&A), Maxime Jacquin, Dominique Rolland (project finance), Franco Gadoury, Philippe Kattan (tax), Jeffrey Brown (competition) and Glenn Zacher (regulatory - energy). ENERCON was represented in-house by Amina Kherbouche (Legal Counsel, Legal Affairs, Canada), PHOTO: SHUTTERSTOCK

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