David Whelan is the Managing Partner of our Calgary office, as well as a partner in and former Calgary Regional Leader of our Financial Services Group. David practises in the areas of corporate commercial law, banking, and corporate restructurings, and has a broad range of experience dealing with commercial transactions and banking matters, as well as insolvency and restructuring matters. David acts for lenders and borrowers in all manner of financial services transactions, including asset-based loans, distressed lending, factoring, equipment leasing, and structured sale/leaseback transactions. David also has expertise in the area of derivatives and swap transactions, and in drafting and negotiating energy contracts in the Alberta power market.
Since 2007, David has been a member of BLG's National Council and National Management Committee. David is also the Chair of the Calgary Regional Management Committee and a member of the Calgary office's Pro Bono Committee.
· Acted for the lead bank in a $300,000,000 syndicated-loan transaction.
· Acted as Alberta counsel on behalf of a foreign bank in connection with a $140,000,000 financing involving Alberta-based corporations and partnerships.
· Acted on behalf of foreign lending institutions in connection with a restructuring of indebtedness in excess of $100,000,000 with a major airline.
· Acted as co-counsel on behalf of secured debenture holders in connection with the restructuring of $1.2 billion of indebtedness of a major real estate-based corporation.
· Acted on behalf of the secured lender in the receivership of a public oil & gas company involving indebtedness of $120,000,000.
· Acted on behalf of secured lenders, monitors and receivers generally in numerous corporate restructurings and receiverships.
· Acted for a multi-national corporation in the establishment of a new manufacturing facility in Alberta, including acting as project counsel for all corporate, leasing, construction and financing work.
· Acted for corporations and partnerships in acquisitions and dispositions involving oil & gas properties, drilling rigs, chemical plants and other businesses.
· Negotiating International Swaps and Derivatives Association (ISDA) agreements.
· Negotiating and drafting energy contracts, including "green power" contracts and agreements for the purchase and sale of emission-reduction credits and verified emission reductions.
Publications & Presentations
· Co-Chair, Insight Information Conference on Energy Contracts, 2006.
· Author/Speaker, "Emission Reduction Credit Contracting - Emerging Systems and Issues in Contracting," Insight Information Conference, 2006.
· Author/Speaker, "Priorities: A Secured Lender's Guide," Canadian Institute Conference, 2000.
· Author/Speaker, "The Effect of Insolvency on the Validity and Enforceability of Commercial Loan and Security Documentation," Canadian Institute Conference, 1995.
· Author/Speaker, "Enforcing Security Under Part V of the Personal Property Security Act," Legal Education Society of Alberta, 1994.
· Author/Speaker, "Technical Update," Canadian Insolvency Practitioners' Association Conference, 1994.
· Author/Speaker, "Revenue Canada and Secured Creditors: The Ongoing Battle for Priority," Canadian Bar Association (Alberta Branch) Conference, 1993.
· Author/Speaker, "The Rights of Employees in an Insolvency," Canadian Institute Conference, 1992.
Rankings & Recognitions
· Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.
· Member, Canadian Bar Association
· Chair, Canadian Bar Association's Southern Alberta Insolvency Subsection, 1989-90
· Instructor, Alberta Bar Admission Course (Creditors' Rights), 1989-2000
· Member, Calgary Bar Association
· (Past) Member, Calgary Export Club
· Member, Calgary Airport Business Development Advisory Board
· Participant, BLG's United Way Fundraising Program
· (Past) Director, Fernie Alpine Ski Team
· (Past) Member, Lake Louise Ski Club