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David M.A. Amato

Partner

David M.A. Amato

Toronto

T:+1 416.216.1861

David Amato focuses on corporate finance and is co-chair of our asset-based lending team. As counsel to various foreign and domestic financial institutions, insurance companies, private equity funds and other credit providers, he has significant experience in sophisticated debt financing transactions and has led numerous multijurisdictional, international and domestic debt financing mandates (including cash-flow, asset-based, acquisition, leveraged buyout, debtor-in possession, mine and project financings). As a key member of the asset-based lending team (an area for which we are recognized as a leading firm), Mr. Amato represents, and is a trusted advisor to, a number of Canadian and US asset-based lenders.

Mr. Amato also has extensive insolvency and restructuring experience acting on behalf of creditors.

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  • Education

    LL.B., University of Windsor, 1998
    B.A. (Hons.), University of Toronto, 1994

  • Representative experience

     

    Mr. Amato has acted recently in the following matters:

    • Bank of America, N.A. in connection with:
      • Global asset-based credit facilities in favour of MRC Global Inc. (US$1.05 billion)
      • Asset-based revolving credit facilities in favour of Toys "R" Us, Inc. (US$2.1 billion), Michaels Stores Inc. (US$1.1 billion) and Brown Shoe Company Inc. (US$380 million)
    • The Toronto-Dominion Bank in connection with:
      • Revolving credit facilities (Canada and US) in favour of FirstService Corporation (US$200 million)
    • 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)
      • Revolving credit facilities (Canadian and US) in favour of American Eagle Outfitters, Inc. (US$400 million)
    • Royal Bank of Canada in connection with:
      • Asset-based revolving credit facilities in favour of High Liner Foods Incorporated (US$120 million) and Eacom Timber (CAD$70 million and US$40 million term loan)
    • CIBC Asset-Based Lending, Inc. in connection with:
      • Asset-based revolving credit facilities in favour of an Ontario steel manufacturer (CAD$80 million) and a mid-stream and retail gas supply company (CAD$30 million)
    • 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
    • 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
    • Wells Fargo Bank, National Association in connection with:  
      • Revolving credit facility in favour of BlackBerry Limited and certain of its subsidiaries (US$525 million)
  • Admissions
    • Ontario 2000
  • Rankings and recognitions
    • Chambers Global, Canada: Banking and Finance, Chambers and Partners, 2018
    • The Legal 500, Canada (2018): Banking & Financial Institutions
    • Chambers Canada, Nationwide: Banking and Finance, Chambers and Partners, 2018
    • IFRL(International Financial Law Review) 1000 (2017): Banking; Private Equity
    • Canadian Legal Lexpert Directory (2012-2017): recommended in Asset-Based Lending; and Banking & Financial Institutions
    • Best Lawyers in Canada, (2010-2017): Equipment Finance Law
  • Memberships and activities

     

    • Canadian Bar Association
    • Law Society of Upper Canada
    • Canadian Council for Public-Private Partnerships
    • Association of Commercial Finance Attorneys
    • Turnaround Management Association
    • Association for Corporate Growth