Scott Hyman is a partner in the Corporate/Commercial, Corporate Finance & Securities, and Structured Finance 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 the sponsors of approximately 12 of the 22 conduits as well as DBRS Limited in connection with a CDN$32 billion third party structured asset-backed commercial paper restructuring.
• Canadian counsel to Rogers Communications Inc. on the closing of a US$1.75 billion underwritten public offering of debt securities. The offering was made in the United States pursuant to the multi-jurisdictional disclosure system. Also represented Rogers Communications as it entered into a $500 million revolving credit facility with The Bank of Nova Scotia and The Toronto Dominion Bank.
• Represented Agnico-Eagle Mines Limited as it entered into a $300 million unsecured revolving credit facility made available by a syndicate of domestic and foreign lenders.
• Acted as counsel for Citigroup Global Markets and a syndicate of banks in the US$2.5 billion credit financing offered by 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 aluminium rolled products business.
• Represented Alimentation Couche-Tard Inc. in the sale-leaseback of over 300 convenience store/gas station properties in eleven states to entities affiliated with Realty Income Corporation and Fortress Credit Corporation for purchase prices aggregating over $225 million. Also acted for Alimentation Couche-Tard on its acquisition of The Circle K Corp. in a transaction valued at $1.06 billion.

Recognition

• Recognized by the Canadian Legal LEXPERT® Directory for his expertise in derivative instruments.
• Recognized in Chambers Global's The World's Leading Lawyers for Business in the area of banking and finance. In the 2007 edition, sources were quoted as saying he "is 'tenacious, focused and takes a firm position in delivering the right results for his client'".
• Included in LEXPERT® Magazine's 2004 and 2006 listings of Canada's Top 40 Lawyers Under 40.
• Included in the 2009 The Best Lawyers in Canada.

Articles and Publications

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.

Speaking Engagements

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.

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