Kenneth S. Atlas  

Partner

Executive Summary

​Kenneth S. Atlas is National Leader of our Banking and Financial Services Group, practising in the Montréal and Toronto offices of Borden Ladner Gervais LLP. He specializes in banking, secured and unsecured debt financing, project finance, corporate restructuring, bankruptcy and insolvency, and venture capital. He has represented numerous loan syndicates in connection with such matters, including loans and insolvencies in multiple jurisdictions.

Representative Work

  • Representing a syndicate co-led by RBC Capital Markets and TD Securities in connection with a $2.6-billion financing of Bell Canada.
  • Representing Citibank, TD Securities and others in connection with the financing of the (aborted) take-over of BCE Inc. (in excess of $30 billion).
  • Representing a syndicate led by RBC Capital Markets, CIBC and The Bank of Nova Scotia in connection with a $600-million financing of Dollarama Inc.
  • Representing two syndicates led by BMO Capital Markets in connection with the financing of two privately held multinational companies with operations in over 15 countries.
  • Representing a syndicate led by The Toronto-Dominion Bank in connection with the $90‑million project financing of a biomass power plant in Québec.
  • Representing an important stakeholder in connection with Abitibi Consolidated’s CCAA proceedings.
  • Representing Bear Stearns in connection with its financing of the takeover of Reuters PLC by Thomson Corp.
  • Representing Société Générale (Canada) in connection with the insolvency of Quebecor World Inc.
  • Representing John Hancock Life Insurance Company in the monetization of a $100‑million sponsorship agreement entered into with Bell Canada, to provide Bell with advertising prominence in the home arena for the Montréal Canadiens hockey team. Parties included the Canadiens, the NHL, Molson Breweries and many others.
  • Advising a syndicate of Canadian banks led by Bank of Montreal in providing $1.125-billion acquisition financing for the purchase of Brazilian brewer Kaiser by Molson Breweries.

Publications & Presentations

  • Speaker, “Sharpening your Skills – Current Challenges and Opportunities in Conducting Business in the Americas,” Canadian Corporate Counsel Association World Summit, April 2012.
  • Speaker, “Using CBCA Arrangements as an Alternative to Bankruptcy and CCAA Proceedings,” Insolvency Institute of Canada Annual Meeting, September 2011.
  • Speaker, “New Players in Insolvency,” Canadian Association of Insolvency and Restructuring Professionals Annual Meeting, August 2011.
  • Speaker, “Analyse d’une restructuration réussie sous la Loi sur les sociétés par actions, des stratégies utilisées et de leur applicabilité aux entreprises de toute taille,” The Canadian Institute Annual Insolvency Law Conference, October 2010.
  • Speaker, “Drafting and Negotiating Loan Agreements,” The Canadian Institute, January 2009.
  • Author, “DIP Super-Priorities and the Secured Creditor’s Dilemma,” Annual Review of Insolvency Law 2009, Carswell.
  • Author, “Canadian Bankruptcy and Insolvency: DIP Financing, Automatic Stays and Personal Jurisdiction,” National Creditor/Debtor Review, 1997.
  • Author, “Consensual Protection for the Prepaying Buyer in Québec,” Canadian Business Law Journal, 1985-86.
  • Author, “The Race to the Swiftest? Entitlement to the Possession of the Property of a Bankrupt,” (1985) 56 CBR (NS) 217.
  • Author, “The Vendor of Movables in Québec: His Protection and Privileges,” (1982) R. du B. 597.

Rankings & Recognitions

  • Selected by peers for inclusion in the 2013 edition (and since 2006) of The Best Lawyers in Canada® (Banking and Finance, Insolvency and Financial Restructuring).
  • Recognized in the 2013 editions of Chambers Global – The World's Leading Lawyers for Business (Banking & Finance) and The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (Banking and Financial Institutions).
  • Recognized in the 2012 editions of PLC Which lawyer? (Finance), The Canadian Legal Lexpert® Directory (Banking and Financial Institutions, Corporate Finance & Securities, Project Finance) and The Lexpert® Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada (Banking).
  • Recognized in the 2012 edition of Who's Who Legal: Canada (Banking).
  • Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.