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Canadian M&A Law

Friday, April 28, 2017 | Ideas and resources on the law of mergers & acquisitions

Category Archives: Private Equity

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Earnout Trends: Balancing Buyer and Seller Interests in “Post-Closing Conduct of the Business” Covenants

Posted in Agreements / Drafting Issues, Marketplace Trends, Negotiated Transactions, Private Equity

This is the first in a series of posts dealing with issues and trends in earnouts. In this initial installment, Warren Silversmith and Tania Djerrahian provide a general overview of the purposes and features of a typical earnout agreement, followed

Representation and Warranty Insurance in Canada: A Tactical Alternative?

Posted in Controlled Auctions, Marketplace Trends, Negotiated Transactions, Private Equity

While representation and warranty insurance (RWI) has been available in the Canadian and U.S. insurance marketplaces since the 1990s, it has only more recently gained traction as a risk-allocation tool in negotiated M&A transactions.[1] Together with other related insurance …

Developments in U.S. M&A Practice: Canadian Perspectives

Posted in Agreements / Drafting Issues, Cross-Border M&A, Marketplace Trends, Negotiated Transactions, Private Equity, Securities Law, Take-Over Bids / Tender Offers

This article discusses how developments in U.S. market practice are affecting Canadian M&A from the perspectives of both negotiated transactions and public M&A deals. Richard Clark and Sean Vanderpol of Stikeman Elliott’s Toronto office share insights based on their recent …

Energy M&A in Canada: The Top Ten Trends for 2013

Posted in Competition / Foreign Investment, Cross-Border M&A, Marketplace Trends, Private Equity, Take-Over Bids / Tender Offers

It’s generally agreed that 2012 was a difficult year for the oil and gas industry in Canada. No part of the industry was spared from challenging times. Indications of these difficulties included:

  • Persistent wide differentials in prices for Canadian oil

Canadian M&A in 2013 – Part II

Posted in Cross-Border M&A, Defensive Tactics, Marketplace Trends, Private Equity, Proxy Fights, Securities Law, Shareholder Rights, Take-Over Bids / Tender Offers

In the second of a two-part series looking at the state of M&A law in Canada, members of Stikeman Elliott’s national M&A group discuss 2013′s top issues and trends from a variety of perspectives. Part Two includes reports on developments …

Canadian M&A in 2013

Posted in Competition / Foreign Investment, Controlled Auctions, Cross-Border M&A, Defensive Tactics, Employment and Pension Issues, Marketplace Trends, Negotiated Transactions, Private Equity, Securities Law, Shareholder Rights, Take-Over Bids / Tender Offers, Tax Issues

In the first of a two-part series looking at the state of M&A law in Canada, members of Stikeman Elliott’s national M&A group discuss 2013’s top issues and trends from a variety of perspectives. Part One begins with an overview …

Controlled Auctions in Canada: Tactics and Legal Strategy

Posted in Competition / Foreign Investment, Controlled Auctions, Cross-Border M&A, Directors’ Duties and Liabilities, Marketplace Trends, Negotiated Transactions, Private Equity, Proxy Fights

Despite the uncertainty and volatility continuing to affect both the global economy and North American capital markets, controlled auction transactions in the Canadian marketplace remain remarkably active, especially in the mid-market. Before venturing into these tempting waters, sellers and buyers …