Davies

Scott R. Hyman

Scott Hyman is a partner in the Banking, Corporate/Commercial, Capital Markets and Financial Services practices. He focuses on derivatives, secured lending, merchant banking, project finance, structured finance and asset-based lending, with a large component of his practice in these areas being transactional work, which includes the provision of advice in the structuring and completion of domestic and cross-border secured and unsecured credit facilities, acquisition finance, structured finance and project finance transactions.

Scott regularly acts for financial institutions and companies, lenders and borrowers, in the arrangement and facilitation of acquisition, project, working capital, asset-based, equipment and bridge financings.

Scott also has extensive experience acting for investors and financial intermediaries in the structuring and investment in derivatives and other structured financial products, such as CDOs, and regularly acts for and advises some of Canada's leading public and private investment houses in connection with their investments in structured products. In addition, Scott has extensive experience in financial regulatory matters and regularly advises Canadian and foreign financial institutions and pension funds in connection with the regulatory aspects of the structuring of funds, equity investments and the completion of transactions in Canada.

Scott has served as a director of two Canadian Schedule II banks.

Representative Work

  • Acted for Postmedia Network Inc. in the acquisition of the publishing business of Canwest LP under a sale proceeding conducted pursuant to the Companies' Creditors Arrangement Act. The assets included the largest publisher of English-language newspapers in Canada as well as an extensive portfolio of digital media and online assets. The aggregate enterprise value of the assets was estimated to be $1.1 billion. Also acted throughout the CCAA proceedings for an Ad Hoc Committee of Noteholders, comprised of 18 investment funds, which held the majority of Canwest LP's outstanding indebtedness and which provided a $250-million equity commitment to permit the acquisition.

  • Acted for Newshore Financial and the conduits sponsored by it in connection with the restructuring of $7 billion of assets in such conduits as part of the recent restructuring of $32 billion of non-bank sponsored asset-backed commercial paper.

  • Acted for Rogers Communications Inc. in its US$1.75-billion underwritten public offering of debt securities, consisting of US$1.40 billion aggregate principal amount of 6.80% senior notes due 2018 and US$350 million aggregate principal amount of 7.50% senior notes due 2038, made in the United States pursuant to the Multi-jurisdictional Disclosure System.

  • Acted for Agnico-Eagle Mines Limited in connection with the establishment of its $300-million unsecured revolving credit facility.

  • Acted for Holiday Canada ULC and funds managed by Fortress Investment Group in connection with the refinancing of $620 million of indebtedness on real estate assets.

  • Acted as Canadian counsel to Mercantil Colpatria S.A. and its affiliates in connection with the US$1-billion purchase of 51% of Banco Colpatria Red Multibanca Colpatria S.A. by The Bank of Nova Scotia.

  • Acted as Canadian counsel for Bank of America, N.A. and a syndicate of lenders in connection with a US$500-million senior credit facility provided to Research In Motion.

  • Acted for Agnico-Eagle Mines Limited in connection with its amended and restated US$1.2-billion unsecured revolving credit facility that matures June 2016.

  • Acted for Enerflex Ltd. in establishing $465.5 million of financing comprised of a revolving credit facility and multiple bi-lateral letter of credit facilities with a syndicate of banks and the issuance of an aggregate of $90.5 million of unsecured notes in a private placement to institutional investors.

  • Acted for Toromont Industries Ltd. in connection with the spin-off of its $1.1-billion natural gas compression business, Enerflex Ltd., to Toromont's shareholders, which is one of the largest demerger transactions completed in Canada in the last ten years.

  • Acted for Xplornet Communications Inc. (formerly Barrett Xplore Inc.) in connection with the private offering of $230 million of securities, one of the largest Canadian financing telecom projects to be announced in 2011.

  • Acted for Toromont Industries Ltd. in connection with its amended and restated revolving credit agreement in an aggregate principal amount of $600 million.

  • Acted for Agnico-Eagle Mines Limited in connection with its US$1.2 billion unsecured revolving credit facilities made available by syndicates of domestic and foreign lenders.

  • Acted for Agnico-Eagle Mines Limited in connection with the private placement to institutional investors in the United States and Canada of an aggregate of US$600 million guaranteed senior unsecured notes due 2017, 2020 and 2022 with a weighted average yield of 6.59%.

  • Acted as Canadian counsel to ING Groep N.V. in the transfer of a portion of the business of the Canadian branch of its subsidiary, ReliaStar Life Insurance Company, to Reinsurance Group of America, Incorporated.

  • Acted for Toromont Industries Ltd. in its successful cash and share unsolicited takeover bid to acquire Enerflex Systems Income Fund, resulting in a $684-million supported transaction, and also acted for Toromont in establishing an unsecured $450-million term credit facility with a syndicate of banks to finance the acquisition.

  • Acted for Industrial and Commercial Bank of China Limited, a leading global bank headquartered in China, in its acquisition of 70% of The Bank of East Asia (Canada), a Canadian chartered bank, in a deal valued at $80 million.

  • Acted for DBRS Limited in connection with its rating of the new debt obligations issued under the restructuring of $32 billion of non-bank sponsored asset-backed commercial paper.

  • Acted for Agnico-Eagle Mines Limited with respect to an amended and restated US$600 million unsecured revolving credit facility (increased from US$300 million) and an amended and restated US$300 million unsecured revolving credit facility.

  • Acted for the Miami Access Tunnel consortium, comprised of Meridiam Infrastructure, Bouygues Travaux Publics and Transfield Services Ltd. for the design, build, finance, operation and maintenance of the US$1.3 billion greenfield Port of Miami Tunnel project. Davies also acted as lead counsel for the consortium on the financing of the Project, with the senior debt financing of US$340 million being provided through a club of 10 international banks and the subordinated debt financing of US$341 million being provided as a 35-year fixed rate loan by the United States Department of Transportation under the federal TIFIA (Transportation Infrastructure Finance and Innovation Act of 1998) program. This project was awarded the 2009 Global PPP Deal of the Year by Project Finance magazine and the 2009 Americas PPP Deal of the Year by each of Project Finance International and Project Finance magazine.

  • Acted as Canadian counsel to Anheuser-Busch on Canadian regulatory matters in respect of its acquisition by InBev in a deal valued at approximately US$50 billion, creating the world's leading global brewer.

  • Acted for Rogers Communications Inc. as it entered into a $500-million revolving credit facility with The Bank of Nova Scotia and The Toronto Dominion Bank.

  • Acted for Dundee Securities Corporation in connection with the restructuring of approximately $2 billion of short-term debt obligations and contractual obligations of Skeena Capital Trust, a Canadian third-party asset-backed commercial paper conduit. This transaction was the first negotiated restructuring of a Canadian third-party asset-backed commercial paper conduit affected by the August 2007 Canadian asset-backed commercial paper market disruption.

  • Acted for Agnico-Eagle Mines Limited as it amended its existing credit facility with a syndicate of lenders to increase the amount from US$150 million to US$300 million and the term of the credit facility was extended by two years.

  • Acted for Alimentation Couche-Tard Inc. in the sale and leaseback financing of over 300 stores and gas stations in Canada and the U.S.

  • Acted as counsel for a syndicate of banks in the US$2.5-billion credit financing offered to Novelis Inc. and for the initial purchasers in the US$1.4-billion issuance of senior notes, as part of Alcan Inc.'s spin-off of its aluminum rolled products business.

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Recognition

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  • Recognized in the Expert Guides' Guide to the World's Leading Banking Lawyers.
  • Recognized as a leading lawyer in Bank Lending by IFLR 1000: Guide to the World's Leading Financial Law Firms.
  • Recognized by The Best Lawyers in Canada as a leading practitioner of Derivatives Law and Structured Finance Law.
  • Recognized as a leading business law practitioner in the area of Banking by Who's Who Legal: Canada.
  • Recognized for his expertise in Banking, Corporate Finance, Derivative Instruments and Asset Securitization by The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada and The Canadian Legal Lexpert® Directory.
  • Honoured as one of the Lexpert® Rising Stars: Leading Lawyers Under 40 in 2004 and 2006.
  • Continuously recognized in the area of Banking & Finance by Chambers Global: The World's Leading Lawyers for Business. Sources were quoted as saying he "is tenacious, focused and takes a firm position in delivering the right results for his client, knows public debt and banking inside-out, distinguishes himself through his astute legal advice and in negotiations, is one of the best".
  • Recognized as a recommended lawyer in the area of Finance by PLC Which Lawyer?

Professional Affiliations

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Board Memberships

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Community Involvement

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Teaching Engagements

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Speaking Engagements

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Scott has been a frequent guest lecturer on topics in international finance and derivatives at LL.M. programs offered by Osgoode Hall Law School and often speaks on issues pertaining to cross-border financing and derivatives products.

Articles and Publications

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Scott has written numerous articles on the regulation of financial institutions in Canada, with a particular emphasis on the widening regulation of the Canadian derivatives market and the opening of the Canadian banking sector to international competition.

Scott Hyman
Scott Hyman
Partner
Office:
Toronto
Tel:
416.863.5581
Email:
shyman@dwpv.com
Bar Admissions:

Ontario, 1993

Education:

Osgoode Hall Law School, LL.M. (Banking and Financial Services Law), 1997; LL.B., 1991