Chaitons LLP

CHAITONS LLP | www.chaitons.com | T: +1 416 222 8888 | F: +1 416 222 8402

Number of partners: 11

Number of lawyers: 22

Languages: English

Firm Overview:

Based in Toronto, Canada, Chaitons LLP has a substantial lending and recovery practice that has been involved in a significant number of the largest restructuring and receivership proceedings in Canada including cross-border proceedings. Chaitons is also well-known for its litigation, finance/M&A and commercial real estate practices. Its clients range across a broad spectrum and include Canadian and foreign banks, capital corporations, private equity firms, asset-based lenders and distressed lenders. The firm was formed in 1983, and has become a leader in providing quality service and effective solutions for its clients in workout, restructuring and enforcement proceedings, commercial litigation, and a broad range of financing transactions, including traditional corporate lending, asset-based financing, equity, structured finance, term lending, mezzanine financing and debtor-in-possession financing.

Main Areas of Practice:

Insolvency/ Restructuring:

Recent engagements include representing:

• Indenture trustee in the Lightstream CCAA proceedings
• Senior secured lender and DIP lender in the Comstock CCAP proceedings
• Receiver in the cross-border Syncapse receivership proceedings including sale of business to a public company
• Purchaser of cross-border business and assets of iMarketing Solutions Group
• Monitor of New Solutions Financial Corporation, a distressed lender with over $220 million of secured debt
• Purchaser of assets in the Talon Systems group of companies insolvency proceedings
• Indenture trustee in the Hollinger CCAA proceeding
• Indenture trustee in the Catalyst Paper CCAA proceeding
• Indenture trustee in the NewPage CCAA proceeding
• Indenture trustee in the Sino Forest CCAA proceeding
• US Chapter 7 trustee in pension priority dispute in the Indalex CCAA proceeding, which was argued before the Supreme Court of Canada
• Purchaser of the Gorham Paper Mill from Fraser Papers in its CCAA and Ch. 11 proceedings
• Purchaser of assets in the NewPage CCAA proceeding
• CCAA Monitor of Gandi Innovation and related entities in their CCAA and Ch 15 proceedings and the sale of the business to Agfa
• Nexient, a leading Canadian provider of corporate and public training services, in its CCAA proceeding and the sale of the business to Global Knowledge
• Clothing for Modern Times, a national clothing retailer, in its restructuring under the CCAA
• Several different stakeholders in the Nortel restructuring proceedings
• Court-appointed monitors, receivers and trustees in bankruptcy in numerous Canadian insolvency proceedings

Contact: Harvey Chaiton | 416 218 1129 | harvey@chaitons.com

Litigation:

Chaitons’ broad commercial litigation practice includes expertise in matters related to insolvency, creditor enforcement of security, shareholder and partnership disputes, commercial disputes, contractual issues, real estate litigation and construction litigation.

Contact: Stephen Schwartz | 416 218 1132 | stephen@chaitons.com

Finance/M&A:

Chaitons’ Corporate Law Group provides a wide range of transaction-based corporate services to its clients, with an emphasis on financings, mergers and acquisitions and business arrangements. We represent lenders and investors across a full spectrum of financings including in respect of senior, subordinated and mezzanine financings, as well as asset-based, distress and debtor-in-possession lending.

Recent engagements include representing clients in respect of:

• Acquisition of asset management group having assets under management in excess of $500 million
• Acquisition by a TSX-listed corporation of one of Canada’s pre-eminent mid-market lenders
• Acquisition and financing by a Canadian merchant bank of a leading Canadian manufacturer of machined products

Contact: Philip Taylor | 416 218 1125 | philip@chaitons.com

Commercial Real Estate:

Chaitons has a general commercial real estate practice with specialty in condominium development (including resort and fractional ownership), seniors housing development, leasing and acquisitions and divestures of income producing properties.

Contact: Robert A Miller | 416 218 1134 | robert@chaitons.com