Alec Zimmerman is a partner in the Toronto office of Borden Ladner Gervais LLP. He is a member of the Financial Services, Insolvency and Restructuring, and Financial Services Regulatory Groups. Alec has extensive experience in advising Canadian and foreign banks and other lenders, as well as large corporate borrowers, in relation to acquisition, project and operating credit facilities featuring multiple borrowers, lenders, currencies, jurisdictions and tiered interests. Alec is also widely known for his experience and expertise in connection with insolvency and restructuring matters, principally acting on behalf of creditors or court-appointed officers. In addition, Alec has also provided regulatory advice and counsel to various foreign-controlled financial institutions conducting business in Canada.
Between 2003 and 2006, Alec was engaged in the initiative to incorporate a Canadian chartered Schedule I bank to serve the charitable sector. He also cofounded and served as the Chief Operating Officer and general counsel to NexgenRx Inc., an employee health benefit plan manager. Throughout his career, Alec has been recognized in various national and international publications as a leading lawyer in Canada in Banking, Financial Institutions, and Insolvency and Restructuring.
· Acted as Canadian counsel to the agents and lenders in respect of the senior credit facilities provided in connection with the acquisition of RailAmerica, Inc.
· Acted as Canadian counsel to the agents and lenders in respect of the senior credit facilities provided in connection with the acquisition of the Cunningham Lindsey Group Ltd.
· Acted as Canadian counsel to the agents and lenders in respect of the senior credit facilities provided to Georgia Gulf Corporation.
· Acted for a major US bank in connection with its financing of three pulp mills in Ontario and New Brunswick, respectively.
· Acted as Canadian counsel to the agents and lenders in respect of the senior credit facilities provided to Rock-Tenn Company and certain of its affiliates.
· Acted as Canadian counsel to the agents and lenders in respect of the senior credit facilities provided to Mitel Networks Corporation and certain of its affiliates.
· Acted as counsel to Tim Hortons Inc. and The TDL Group Corp. in respect of their senior syndicated credit facilities.
· Acting on behalf of the US Federal Railroad Administration in connection with the financial difficulties of a regulated railway company having operations in the US and Canada.
· Acted on behalf of The Bank of Nova Scotia in connection with the restructuring and sale of its senior secured credit facilities in favour of a major supplier to the rail industry.
· Acted on behalf of Bank of Montreal in connection with the restructuring and repayment of its senior credit facilities to a major multidisciplinary engineering services consulting firm in Western Canada.
Publications & Presentations
Alec has spoken extensively, at numerous public and private seminars, and published papers on various lending, insolvency and financial institutions regulatory matters including cross-border financing, security in intellectual property, DIP lending, the co-ordination of cross-border insolvencies, the liquidation of a federally regulated financial institution, principles-based regulation and reputation risk, including:
· Panellist, "Liquidating CCAA Proceedings," Annual Review of Insolvency Law, February 2008.
· Speaker, "Reputation Risk Management," The Canadian Institute's 14th Annual Regulatory Compliance for Financial Institutions, November 13-14, 2008.
· Speaker, "Reputation Risk Management," 2008 Joint Annual Conference of the Compliance Section and Consumer Complaints Section of the Canadian Life and Health Insurance Association Inc., May 2008.
Rankings & Recognitions
· Selected by peers for inclusion in the 2014 edition (and since 2010) of The Best Lawyers in Canada® (Banking and Finance).
· Recognized in the 2012 edition of The Canadian Legal Lexpert® Directory (Banking and Financial Institutions).
· Martindale-Hubbell® AV® Preeminent™ 5 out of 5 Peer Review Rated.
· Director and Chairman, Audit Committee, J.P. Morgan Bank Canada
· Member, Advisory Panel, Wakefield Canada Inc.
· Member, Advisory Panel, Daza Investments
· Member, Insolvency Institute of Canada; Turnaround Management Association (Toronto Chapter); American Bankruptcy Institute; Ontario Bar Association, Insolvency Law Section; and INSOL International
· Director and Chair, Governance and Nominating Committee, Hope Air
· Founding Member, Board of CanadaHelps
· Former Core Team Member, the Charity Bank initiative
· Former Governor, Canadian Olympic Foundation
· Former Member, Advisory Panel on Information and Information Technology, Ministry of Government Services, Government of Ontario