Background
Howard Silverman is a partner practising in the Toronto office. Howard was admitted to the Ontario Bar in 1991. He graduated from the University of Toronto Law School in 1989. He also holds a Master of Arts degree from Brandeis University and a Bachelor of Arts (Honours) degree from York University.
Areas of Practice
· Lending, with particular emphasis on asset-based and cross-border transactions
· Insolvency, work-out and restructuring matters
· Structured finance and leasing, with emphasis on equipment leasing
Rankings and Recognitions
· Selected by peers for inclusion in the 2012 edition of The Best Lawyers in Canada (Banking and Finance Law)
· Martindale-Hubbell BV® Distinguished™ Peer Review Rating
Professional Experience
· Advises both Canadian and non-Canadian banks and financial institutions, as well as borrowers, in establishing and maintaining single-lender and syndicated credit facilities of all types
· Advises both Canadian and non-Canadian banks and financial institutions, as well as borrowers, in all aspects of asset-based financing transactions
· Advises both Canadian and non-Canadian banks and financial institutions, as well as borrowers, in structuring and negotiating cross-border financing transactions
· Advises banks and financial institutions, as well as borrowers, in restructuring and working-out credit facilities in both private and court-sanctioned contexts, including DIP financing
· Advises banks and financial institutions in connection with enforcement matters
· Has advised banks and financial institutions in connection with project finance transactions
· Has advised banks and financial institutions in leveraged lease transactions
· Advises equipment lessors in documenting and negotiating equipment leases. Types of equipment have included railcars, mining equipment, flight simulators and computer networking equipment
· Has advised a variety of non-Canadian banks and financial institutions on a range of issues relating to establishing a presence in Canada, including documentation and security issues, and regulatory issues relating to lending in Canada
· Advises clients in connection with inventory finance programs
Professional Activities and Publications
· Has acted as Editor of Borden Ladner Gervais LLP's national Financial Services Group's publications
· Has taught the Business Law section of the Law Society of Upper Canada Bar Admission course
· Has acted as Advisory Board Member of CCH, Commercial Law Guide
· Has lectured at continuing legal education and university programs on topics relating to Personal Property Security Act, financing opinions, due diligence issues and asset-based lending, including presentations at:
- Osgoode program on Secured Lending and Debt Finance (2012)
- Osgoode program on Commercial Loan Finance and Security (2007 to 2011)
- Insight Advanced Asset-Based Lending Conference (2007 and 2008)
· Has published various articles and case comments on banking and commercial law issues, including:
- "Ontario Cures Inadvertent Repeal of Former Section 46(3) of the PPSA", BLG Financial Services Bulletin, October 2010.
- "Independent vs. Co-Extensive Limitation Periods for Guarantees in Ontario: The Bank of Nova Scotia v. Williamson", National Banking Law Review, April 2009.
- "Personal Property Security Act (Ontario) Amendments", For Interest's Sake, Winter 2007.
- "The Impact of the New Limitations Act on Lending and Debt Recovery in Ontario", For Interest's Sake, Summer 2004.
- "Agent Bank's Disclaimer Clauses in Syndicated Loan Agreements", For Interest's Sake, Summer 2004.
- "Supreme Court of Canada Applies 'Notional Severance" to Illegal Interest Rate", For Interest's Sake, Spring 2004.
- "Negotiating Landlord Waivers", CCH Commercial Times, May 2003.
- "The Debate Over Crown Super-Priorities Continues", For Interest's Sake, Summer 2002.
- "Due Diligence in Acquisition Financing", CCH Commercial Times, April 2001.
- "Negotiating Intercreditor Agreements", CCH Commercial Times, July 1999.
- "Taking Security in Contracts", CCH Commercial Times, June 1997.