Alain Roberge

Counsel

Alain Roberge

Alain Roberge

Counsel

Bar Admissions
  • Québec, 1987

For more than 30 years, clients have turned to Alain for his precise solutions to their business challenges.

Alain advises leading Canadian companies on corporate matters, as well as on commercial real estate, banking, capital markets and financial service transactions. Financial institutions and borrowers regularly choose Alain to apply his solid legal knowledge to their most important business transactions. An expert in structured finance and private international law, Alain works with clients across a broad range of industries, including telecommunications, mining, energy and real estate.

Alain is a frequent writer and speaker on issues related to secured lending and securitization.

Alain Roberge

Counsel

For more than 30 years, clients have turned to Alain for his precise solutions to their business challenges.

Alain advises leading Canadian companies on corporate matters, as well as on commercial real estate, banking, capital markets and financial service transactions. Financial institutions and borrowers regularly choose Alain to apply his solid legal knowledge to their most important business transactions. An expert in structured finance and private international law, Alain works with clients across a broad range of industries, including telecommunications, mining, energy and real estate.

Alain is a frequent writer and speaker on issues related to secured lending and securitization.

Bank of Montreal

Acted as Canadian counsel to Bank of Montreal and a syndicate of lenders in connection with the refinancing of the (i) US$900 million term loan and the (ii) C$575 million revolving credit facility made available to certain wholly-owned subsidiaries of BRP Inc.

Stingray Group Inc.

Acted for Stingray Group Inc. in its $506-million acquisition of Newfoundland Capital Corporation Limited, one of Canada's leading radio broadcasters with 101 licences (82 FM and 19 AM) across Canada, and the financing of this acquisition, which included $450 million of new credit facilities and $138 million of equity, comprising a $83-million bought deal offering of subscription receipts, a $40-million private placement of subscription receipts to the Caisse de dépôt et placement du Québec, and $15 million from the exercise of pre-emption rights from the Boyko Group.

J.P. Morgan Securities Inc.

Acted as Canadian counsel to J.P. Morgan Securities Inc. in its capacity as dealer manager in the offer to exchange all of Lions Gate Entertainment Corp.'s US$520-million 5.875% senior notes for Lions Gate Capital Holdings LLC's 5.875% senior notes due 2024.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in its acquisition of all of the exploration assets of Canadian Malartic Corporation, including the Kirkland Lake and Hammond Reef projects, for an aggregate purchase price of US$325 million.

Alstom Transport Canada Inc.

Acted for Alstom Transport Canada Inc. in connection with the supply of light rail vehicles for the Greater Toronto and Hamilton Area, to Metrolinx, an agency of the Government of Ontario, for a value of $529 million.

Énergir Inc.

Acted for Énergir Inc. in connection with its Canadian private placement of $200 million Series U first mortgage bonds due 2047.

Group of Leading Financial Institutions

Acted for a group of leading financial institutions in connection with the $1.25-billion refinancing for Air Canada. The group included TD Securities Inc., as representative of the initial purchasers of $200-million of Air Canada's 4.75% senior secured notes due 2023, and JPMorgan Chase Bank, N.A., as administrative agent and lender under a new US$1.1-billion senior secured credit facility.

Énergir Inc.

Acted for Énergir Inc. in connection with its Canadian private placement of $125-million principal amount of 3.28% Series T First Mortgage Bonds due 2046.

Énergir Inc.

Acted for Énergir Inc. in connection with its Canadian private placement of $100 million aggregate principal amount of 1.52% Series S First Mortgage Bonds due 2020.

The Blackstone Group

Acted as Canadian counsel to The Blackstone Group in connection with the acquisition of GE Capital Real Estate's assets in a transaction valued at approximately US$23 billion.

Énergir Inc.

Acted for Énergir Inc. in connection with its Canadian private placement of $100 million aggregate principal amount of 3.30% Series R First Mortgage Bonds due 2045.

Énergir Inc.

Acted for Énergir Inc. in connection with its agreement with a syndicate of lenders to increase its credit facility to $800 million.

Énergir Inc.

Acted for Énergir Inc. in connection with its private placement of US$100 million aggregate principal amount of 3.22% senior secured notes due 2024 to certain institutional investors in the United States.

Deutsche Bank Securities Inc., RBC Capital Markets, LLC, CIBC World Markets Corp. and Imperial Capital, LLC

Acted as Canadian counsel for the initial purchasers, Deutsche Bank Securities Inc., RBC Capital Markets, LLC, CIBC World Markets Corp. and Imperial Capital, LLC, in a US$375-million private placement of senior secured notes due 2019 issued by Tembec Industries Inc., a wholly-owned subsidiary of Tembec Inc.

Burger King Worldwide, Inc.

Acted for Burger King Worldwide, Inc. in connection with its acquisition of Tim Hortons Inc. for approximately US$12.5 billion, the related financing, which involved a US$3-billion preferred equity investment from Berkshire Hathaway Inc., a secured US$7.25-billion credit facility and a private placement of US$2.25 billion of second lien secured notes, and an associated tender offer for Tim Hortons' outstanding US$1.2 billion of debt securities. This transaction resulted in the creation of Restaurant Brands International, a new global company headquartered in Canada, and the third-largest quick service restaurant in the world with approximately US$23 billion in system sales and over 18,000 restaurants in 100 countries. The transaction was recognized as Global M&A Deal of the Year: Canada by The American Lawyer's 2015 Global Legal Awards.

Black Property Holdings L.P.

Acted as counsel to a limited partnership, the direct and indirect partners of which include The Cadillac Fairview Corporation Limited and Ontario Teachers' Pension Plan Board, in connection with a $155-million construction loan by The Toronto-Dominion Bank for the construction of Deloitte Tower, a multi-purpose state-of-the-art tower to be constructed in a historic and high profile part of downtown Montréal, Québec.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in connection with its $3.9-billion acquisition with Yamana Gold Inc. of Osisko Mining Corporation. The transaction involved the formation of a 50-50 partnership between Agnico Eagle and Yamana which will hold and operate the Canadian Malartic mine. The transaction also resulted in a spin-out of a new TSX-listed company called Osisko Gold Royalties Ltd. which will continue to hold a 5% royalty interest in the Canadian Malartic gold property as well as exploration assets in Mexico.

Tour des Canadiens L.P.

Acted for Tour des Canadiens L.P., a limited partnership, the direct and indirect partners of which include The Cadillac Fairview Corporation Limited, Ontario Teachers' Pension Plan Board, Canderel, CH Group Limited Partnership and Fonds Immobilier de Solidarité FTQ Inc. in connection with a $150-million construction facility by a consortium of lenders for the construction financing of Tour des Canadiens in Montréal, Québec.

Citibank Canada

Acted for the initial purchasers and lenders in connection with Air Canada's $1.4 billion refinancing transaction, consisting of private offerings of new senior secured notes and a new senior secured credit facility.

Cominar Real Estate Investment Trust

Acted for Cominar Real Estate Investment Trust in connection with its acquisition of a portfolio of 18 industrial properties primarily located on the South Shore of Montréal and one office property located in Montréal for a purchase price of $149.8 million.

Bank of Montréal and Canadian Imperial Bank of Commerce

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.

BofA Merrill Lynch and Credit Suisse Securities (USA) LLC

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.

Postmedia Network Inc.

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.

IFLR1000: The Guide to the World’s Leading Financial Law Firms—Banking; Mergers and Acquisitions; Real Estate Acquisitions

The Canadian Legal Lexpert Directory—Asset Securitization; Banking and Financial Institutions

The Best Lawyers in Canada—Banking and Finance Law; Real Estate Law; Structured Finance Law (Lawyer of the Year 2018, Montréal)

Expert Guides—Structured Finance and Securitization

Bar Admissions

Québec, 1987

Education

McGill University, BCL/LLB, 1985

Professional Affiliations

American College of Mortgage Attorneys, Fellow

For more than 30 years, clients have turned to Alain for his precise solutions to their business challenges.

Alain advises leading Canadian companies on corporate matters, as well as on commercial real estate, banking, capital markets and financial service transactions. Financial institutions and borrowers regularly choose Alain to apply his solid legal knowledge to their most important business transactions. An expert in structured finance and private international law, Alain works with clients across a broad range of industries, including telecommunications, mining, energy and real estate.

Alain is a frequent writer and speaker on issues related to secured lending and securitization.

Bank of Montreal

Acted as Canadian counsel to Bank of Montreal and a syndicate of lenders in connection with the refinancing of the (i) US$900 million term loan and the (ii) C$575 million revolving credit facility made available to certain wholly-owned subsidiaries of BRP Inc.

Stingray Group Inc.

Acted for Stingray Group Inc. in its $506-million acquisition of Newfoundland Capital Corporation Limited, one of Canada's leading radio broadcasters with 101 licences (82 FM and 19 AM) across Canada, and the financing of this acquisition, which included $450 million of new credit facilities and $138 million of equity, comprising a $83-million bought deal offering of subscription receipts, a $40-million private placement of subscription receipts to the Caisse de dépôt et placement du Québec, and $15 million from the exercise of pre-emption rights from the Boyko Group.

J.P. Morgan Securities Inc.

Acted as Canadian counsel to J.P. Morgan Securities Inc. in its capacity as dealer manager in the offer to exchange all of Lions Gate Entertainment Corp.'s US$520-million 5.875% senior notes for Lions Gate Capital Holdings LLC's 5.875% senior notes due 2024.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in its acquisition of all of the exploration assets of Canadian Malartic Corporation, including the Kirkland Lake and Hammond Reef projects, for an aggregate purchase price of US$325 million.

Alstom Transport Canada Inc.

Acted for Alstom Transport Canada Inc. in connection with the supply of light rail vehicles for the Greater Toronto and Hamilton Area, to Metrolinx, an agency of the Government of Ontario, for a value of $529 million.

Énergir Inc.

Acted for Énergir Inc. in connection with its Canadian private placement of $200 million Series U first mortgage bonds due 2047.

Group of Leading Financial Institutions

Acted for a group of leading financial institutions in connection with the $1.25-billion refinancing for Air Canada. The group included TD Securities Inc., as representative of the initial purchasers of $200-million of Air Canada's 4.75% senior secured notes due 2023, and JPMorgan Chase Bank, N.A., as administrative agent and lender under a new US$1.1-billion senior secured credit facility.

Énergir Inc.

Acted for Énergir Inc. in connection with its Canadian private placement of $125-million principal amount of 3.28% Series T First Mortgage Bonds due 2046.

Énergir Inc.

Acted for Énergir Inc. in connection with its Canadian private placement of $100 million aggregate principal amount of 1.52% Series S First Mortgage Bonds due 2020.

The Blackstone Group

Acted as Canadian counsel to The Blackstone Group in connection with the acquisition of GE Capital Real Estate's assets in a transaction valued at approximately US$23 billion.

Énergir Inc.

Acted for Énergir Inc. in connection with its Canadian private placement of $100 million aggregate principal amount of 3.30% Series R First Mortgage Bonds due 2045.

Énergir Inc.

Acted for Énergir Inc. in connection with its agreement with a syndicate of lenders to increase its credit facility to $800 million.

Énergir Inc.

Acted for Énergir Inc. in connection with its private placement of US$100 million aggregate principal amount of 3.22% senior secured notes due 2024 to certain institutional investors in the United States.

Deutsche Bank Securities Inc., RBC Capital Markets, LLC, CIBC World Markets Corp. and Imperial Capital, LLC

Acted as Canadian counsel for the initial purchasers, Deutsche Bank Securities Inc., RBC Capital Markets, LLC, CIBC World Markets Corp. and Imperial Capital, LLC, in a US$375-million private placement of senior secured notes due 2019 issued by Tembec Industries Inc., a wholly-owned subsidiary of Tembec Inc.

Burger King Worldwide, Inc.

Acted for Burger King Worldwide, Inc. in connection with its acquisition of Tim Hortons Inc. for approximately US$12.5 billion, the related financing, which involved a US$3-billion preferred equity investment from Berkshire Hathaway Inc., a secured US$7.25-billion credit facility and a private placement of US$2.25 billion of second lien secured notes, and an associated tender offer for Tim Hortons' outstanding US$1.2 billion of debt securities. This transaction resulted in the creation of Restaurant Brands International, a new global company headquartered in Canada, and the third-largest quick service restaurant in the world with approximately US$23 billion in system sales and over 18,000 restaurants in 100 countries. The transaction was recognized as Global M&A Deal of the Year: Canada by The American Lawyer's 2015 Global Legal Awards.

Black Property Holdings L.P.

Acted as counsel to a limited partnership, the direct and indirect partners of which include The Cadillac Fairview Corporation Limited and Ontario Teachers' Pension Plan Board, in connection with a $155-million construction loan by The Toronto-Dominion Bank for the construction of Deloitte Tower, a multi-purpose state-of-the-art tower to be constructed in a historic and high profile part of downtown Montréal, Québec.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in connection with its $3.9-billion acquisition with Yamana Gold Inc. of Osisko Mining Corporation. The transaction involved the formation of a 50-50 partnership between Agnico Eagle and Yamana which will hold and operate the Canadian Malartic mine. The transaction also resulted in a spin-out of a new TSX-listed company called Osisko Gold Royalties Ltd. which will continue to hold a 5% royalty interest in the Canadian Malartic gold property as well as exploration assets in Mexico.

Tour des Canadiens L.P.

Acted for Tour des Canadiens L.P., a limited partnership, the direct and indirect partners of which include The Cadillac Fairview Corporation Limited, Ontario Teachers' Pension Plan Board, Canderel, CH Group Limited Partnership and Fonds Immobilier de Solidarité FTQ Inc. in connection with a $150-million construction facility by a consortium of lenders for the construction financing of Tour des Canadiens in Montréal, Québec.

Citibank Canada

Acted for the initial purchasers and lenders in connection with Air Canada's $1.4 billion refinancing transaction, consisting of private offerings of new senior secured notes and a new senior secured credit facility.

Cominar Real Estate Investment Trust

Acted for Cominar Real Estate Investment Trust in connection with its acquisition of a portfolio of 18 industrial properties primarily located on the South Shore of Montréal and one office property located in Montréal for a purchase price of $149.8 million.

Bank of Montréal and Canadian Imperial Bank of Commerce

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.

BofA Merrill Lynch and Credit Suisse Securities (USA) LLC

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.

Postmedia Network Inc.

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.

IFLR1000: The Guide to the World’s Leading Financial Law Firms—Banking; Mergers and Acquisitions; Real Estate Acquisitions

The Canadian Legal Lexpert Directory—Asset Securitization; Banking and Financial Institutions

The Best Lawyers in Canada—Banking and Finance Law; Real Estate Law; Structured Finance Law (Lawyer of the Year 2018, Montréal)

Expert Guides—Structured Finance and Securitization

Bar Admissions

Québec, 1987

Education

McGill University, BCL/LLB, 1985

Professional Affiliations

American College of Mortgage Attorneys, Fellow