Kevin J. Morley is a member of Norton Rose Canada's management committee and Co-Chair of our debt finance team and our projects and project finance team.
As a leading debt finance lawyer with more than 20 years of experience, Mr. Morley is a key advisor to numerous financial institutions, funds and other credit providers. As such, he has significant experience in: multijurisdictional asset-based, project, acquisition, commercial, cash flow, equipment, subordinate and mezzanine financings; financial institution regulation; capital market transactions; acquisitions, establishment and divestitures of finance businesses and portfolios; and financial institution licensing and regulation.
Mr. Morley also has significant insolvency and restructuring experience, having represented creditors in connection with the restructuring or recovery of billions of dollars of debt.
Selected client work
Mr. Morley has acted recently for the following clients:
ˇ Bank of America, N.A. in connection with:
- Senior credit facilities in favour of Pinnacle Security and its affiliates (US$200 million) and Unisource Worldwide, Inc. and its affiliates (US$640 million)
- Amendments and restatements of the senior secured asset-based revolving credit facilities in favour of Univar Inc./Univar Canada Ltd. (US$1.1 billion ), Brown Shoe Company Inc. (US$380 million), Michaels Stores Inc. (US$1.1 billion) and Toys "R" Us, Inc. (US$2.05 billion)
- Senior secured asset-based revolving credit facilities in favour of Cooper-Standard Automotive and its affiliates (US$125 million) and Arclin Surfaces Inc. and its affiliates (US$25 million)
ˇ Royal Bank of Canada in connection with:
- Amendments and restatements of the senior secured asset-based revolving credit facilities in favour of High Liner Foods Incorporated (US$120 million) and Gibson Energy ULC (US$200 million)
ˇ JPMorgan Chase Bank, N.A. in connection with:
- Revolving and term loan credit facilities (Canadian, US, UK and Swiss) in favour of IHS Inc. (US$1 billion)
- Senior secured asset-based revolving credit facility in favour of Core-Mark International (US$200 million)
- Senior secured asset-based credit facilities in favour of Jones Apparel Group Inc./Jones Apparel Group Canada (US$650 million)
ˇ CIBC Asset-Based Lending, Inc. in connection with:
- Senior secured asset-based revolving credit facilities in favour of Olco Petroleum Group Inc. ($70 million) and Venture Steel Inc. ($80 million)
ˇ Citibank in connection with:
- Continental Tire's €750 million - 8.50% senior secured notes due 2015, issued by Conti-Gummi Finance B.V., Amsterdam, and in connection with €625 million - 6.50% senior secured notes due 2016, and €625 million - 7.125% senior secured notes due 2018 issued by Conti-Gummi Finance B.V., Amsterdam
ˇ Deutsche Bank in connection with:
- Continental Tire's amended and restated credit facility providing multi-currency term and revolving facilities in the aggregate principal amount of €13.5 billion in favour of Continental AG and certain of its subsidiaries in the forward-start facility agreement providing a forward-start term loan facility in the aggregate principal amount of €2.5 billion in favour of Continental AG and certain of its subsidiaries, and in connection with €1 billion - 7.50% senior secured notes due 2017 issued by Conti-Gummi Finance B.V., Amsterdam
Speaking engagements
ˇ "Financing Trends & Alternative Credit", Retail Council of Canada (RCC)'s STORE 2009 Canada's Retail Conference, Toronto: June 1-2, 2009.
ˇ In addition to conducting continuing legal education programs in-house and on behalf of a number of clients, including Bank of America and Royal Bank of Canada, Mr. Morley speaks at CLE conferences.
Rankings and recognitions
ˇ IFLR (International Financial Law Review) 1000 - The Guide to the World's Leading Financial Law Firms - Leading lawyer in banking and finance, 2012
ˇ Best Lawyers ' Lawyer of the Year, 2012 - Equipment finance law, Toronto
ˇ The Best Lawyers in Canada, 2012 - Banking and finance, Equipment finance law
ˇ Chambers Global: The World's Leading Lawyers for Business, 2011: Banking and Finance
ˇ PLC Which lawyer? - Banking and finance
ˇ Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada - Most frequently recommended for Asset-based Lending
ˇ Lexpert-Thomson Guide to the Leading 100 Canada-US Cross Border Corporate Lawyers in Canada
ˇ Canadian Legal Directory Lexpert ("consistently recommended" in asset-based lending)
ˇ Chambers Global Leaders in Their Field - banking and finance
ˇ Legal Media Group's Guide to the World's Leading Banking Lawyers
Memberships and activities
ˇ Fellow, American College of Commercial Finance Lawyers
ˇ Canadian Bar Association
ˇ American Bar Association, International and Business Law Sections
ˇ Law Society of Upper Canada
Related Publications
Ontario Commercial Court rules proceeds of BIA preference action subject to rights of secured creditors
On August 18, 2011, Mr. Justice Morawetz, of the Ontario Superior Court of Justice, released an important decision in regard to preference actions in the matter of Tucker v. Aero Inventory (UK) Limited (together with Aero Inventory plc, Aero).
25/08/2011
Leaders impacted by further changes to Canada's insolvency laws
Lenders that have had to work out their loans in Canada under Canadian bankruptcy laws, including the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act, have generally regarded the Canadian process as one that was predictable and generally mindful of the economic interests
15/10/2009
Related News
It's Now a Lender's Market
Kevin Morley of the Business Law Group participates in a roundtable discussion with bankers and advisors assembled by the National Post to address the credit crunch.
07/11/2008