October 7, 2008
 
Commercial Agreements
 
 
As a complement to our cutting edge transactional work, our clients rely on us to negotiate and structure their transactions and to prepare the often complex and sophisticated agreements relating thereto.  The types of commercial agreements are as varied as our clients and as businesses evolve and become more complex, so do the commercial agreements.  We also understand that no two agreements are alike.  Whether the assignment involves negotiating a shareholders' agreement involving financial institutions with competing interests or a long-term licence agreement with a U.S. corporation in Chapter 11, we have the experience and background to structure and protect our clients' interests.

Our clients look to us to understand their businesses and the issues that must be dealt with in their contractual arrangements in order to achieve their objectives and protect their interests.  Because we are often called upon to negotiate and prepare agreements which are unique to the client but in respect of which we have extensive experience, we bring substantial incremental value to the commercial negotiation and the preparation of the consequent documentation.

The agreements which we negotiate and prepare are as broad and varied as business itself – no two are identical and each presents unique challenges and possibilities.  A sampling is as follows:

  • Long-term operating agreement for the new permanent casino and hotel project overlooking the Horseshoe Falls in the City of Niagara Falls;
  • The co-ownership agreements for investor groups purchasing major office towers in Montréal, including trans-border tax provisions;
  • Master wrap-around agreement setting forth all terms, conditions, representations, warranties, covenants and indemnities in respect of the acquisition of assets and shares involving 58 subsidiaries in 26 countries, including local purchase contracts limited in scope to meet local requirements for the asset and share transfers;
  • Long-term contract manufacturing agreements with multi-national scope as diverse as technology and pharmaceuticals.

     

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