Davies

Alain Roberge

Alain Roberge is a partner with a practice focusing in Corporate/Commercial, Commercial Real Estate, Banking, Capital Markets and Financial Services. In addition to his work in the corporate and commercial fields, Alain has substantial expertise in the areas of structured finance and private international law. Alain represents both financial institutions and borrowers.

Representative Work

  • Acted for Yoplait France SAS, the second largest brand in fresh dairy products in the world, in connection with its acquisition of Québec-based Liberté Brand Products from its management and investment firms, Swander Pace Capital LLC and Roynat Capital Inc.

  • Acted for Accès Santé CHUM, a consortium including Fiera-Axium Infrastructure, Acciona S.A., HSBC Specialist Fund Management Limited, Pomerleau inc. and Verreault inc., which was short-listed to participate in a request for proposal from the Agence des partenariats public-privé du Québec and the Centre hospitalier de l'Université de Montréal ("CHUM") to design, build, finance and maintain the CHUM's new hospital centre. The CHUM is one of the largest university hospital centres to be procured in North America.

  • 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 the consortium comprised of Meridiam Infrastructure Managers and Pomerleau Construction which was shortlisted to respond to a request for proposal from the Ministère de la Culture et des Communications and the Agence des partenariats public-privé du Québec for the design, construction, financing, operation and maintenance of the new Montréal concert hall.

  • Acted for BCE Inc. and Bell Canada in connection with a proposed $51.7-billion take-private acquisition of BCE by way of a plan of arrangement with an investor group led by Teachers' Private Capital. Successfully defended the transaction in related court proceedings brought by Bell Canada bondholders, and secured a precedent-setting decision from the Supreme Court of Canada.

  • Acted for Cogeco Cable Canada Inc., a wholly owned subsidiary of Cogeco Cable Inc., in connection with its acquisition of the issued and outstanding shares in the share capital of MTO Telecom Inc., a private telecommunications provider in the Greater Montréal Area and the Province of Québec.

  • 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 Bank of Montréal and Canadian Imperial Bank of Commerce and a syndicate of lenders in connection with a US$250-million credit facility in favour of Consolidated Thompson Iron Mines Limited and The Bloom Lake Iron Ore Mine Limited Partnership.

  • Acted as Canadian counsel for the initial purchasers, BofA Merrill Lynch and Credit Suisse Securities (USA) LLC, in a US$255-million private placement of senior secured notes due 2018 issued by Tembec Industries Inc., a wholly-owned subsidiary of Tembec Inc.

  • Acted for Bell Canada in connection with a securitization involving the sale of receivables by Bell Canada to Mercury Receivables Trust.

  • Acted for a group of private investors in their acquisition of Eloda Corporation through a Bankruptcy and Insolvency Act proposal.

  • Acted for Caisse régionale de crédit agricole in connection to Mecachrome International Inc. and its Canadian subsidiaries' joint plan of arrangement and reorganization under the Companies' Creditors Arrangement Act and the Canada Business Corporations Act, while a similar plan de sauvegarde pursuant to the French Code de Commerce was approved with respect to Mecachrome International Inc.'s French subsidiaries.

  • Acted as Canadian counsel for JP Morgan Securities Inc. in a US$236-million private placement of senior secured second-priority notes due 2016 issued by Lions Gate Entertainment Inc., a wholly-owned subsidiary of Lions Gate Entertainment Corp.

  • Acted for SITQ, an indirect subsidiary of Caisse de dépôt et placement du Québec, with respect to financing the acquisition by Eimskip Holdings Inc. of Versacold Income Fund in a deal valued at $1.2 billion.

  • Acted for TD Capital Group Limited in the initial public offering and acquisition of Innergex II Income Fund by Innergex Renewable Energy Inc.

  • Acted for Barzel Industries Inc. (formerly Symmetry Holdings Inc.) in its acquisition of Novamerican Steel Inc. for a purchase price of US$585 million. This transaction was only the second time that a US special purpose acquisition company ("SPAC") acquired a US public company.

  • Acted for The Sentient Group and a syndicate of lenders which provided a US$50-million senior secured credit facility for Ivernia Inc. and its Magellan mine in Australia.

  • Acted for Abitibi-Consolidated Inc. which with the Caisse de dépôt et placement du Québec completed a joint venture for the Company's hydroelectric generation facilities in Ontario. The joint venture, ACH Limited Partnership, was 75% owned by Abitibi-Consolidated and 25% owned by the Caisse.

  • Acted for BCE Inc. in the sale of its subsidiary Telesat Canada to Public Sector Pension Investment Board and Loral Space & Communications Inc. in a transaction valued at $3.42 billion.

  • Acted for 333 Sherbrooke Street East L.P. as it secured $62 million in loans from SNSPF Interim Finance B.V. for the working capital and the construction of Phase II of the residential condominium development located at 333 Sherbrooke Street East in Montréal. Phase I of the development includes 113 condominium units.

  • Acted for SITQ as it financed the $580-million acquisition of Atlas Cold Storage Income Trust by Avion Group hf.

  • Acted for Michaels Stores Inc. on the acquisition by Bain Capital Partners LLC and the Blackstone Group in a transaction valued at US$6 billion.

  • 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.

  • Acted for Eaux Vives Harricana Inc. and its two subsidiaries in its restructuring under the Companies' Creditors Arrangement Act (CCAA). This restructuring resulted in the implementation of a plan of arrangement compromising claims aggregating over $100 million.

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Recognition

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  • Recognized by The Canadian Legal Lexpert® Directory as a repeatedly recommended lawyer in the fields of Asset Securitization, Derivative Instruments and Project Finance.
  • Ranked as an expert lawyer in Expert Guides' Guide to the World's Leading Structured Finance and Securitization Lawyers.
  • Recognized by The Best Lawyers in Canada as leading practitioner of Banking Law, Real Estate Law and Structured Finance Law.

Professional Affiliations

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Québec Bar Association

Fellow, American College of Mortgage Attorneys

Board Memberships

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Community Involvement

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Teaching Engagements

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Speaking Engagements

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Articles and Publications

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Alain is the author of two publications dealing with secured lending and securitization, including “Les sûretés réelles, en pratique, au premier anniversaire du Code civil du Québec” in Le nouveau Code civil du Québec: un bilan (1995) and “La titrisation des créances” in Le droit bancaire, Service de formation Yvon Blais (November 30, 1995). He has also spoken extensively on these matters. At the Annual Québec Real Estate Forum, held in February 2008, he delivered a presentation on condominium law as it applies to non-residential contexts. In January 2010, at a seminar on financing organized by the Canadian Institute in Montreal, he delivered a presentation on conflict of laws rules as they apply to Canada-U.S. secured transactions.

Alain Roberge
Alain Roberge
Partner
Office:
Montréal
Tel:
514.841.6429
Email:
aroberge@dwpv.com
Bar Admissions:

Québec, 1987

Education:

McGill University, LL.B., B.C.L., 1985