Mark J. O'Brien

Partner

Mark J. O'Brien

Mark J. O'Brien

Partner

Bar Admissions
  • Ontario, 2007

A “superb lawyer” who offers “nuanced and very practical” advice and has a deep “understanding of what the client is attempting to accomplish.” (Client – Chambers Global 2016)

Mark advises clients on private mergers and acquisitions, public and private offerings of equity and debt securities and loan financings. He provides methodical, business-minded advice to clients in a variety of industries, including mining, banking and investment funds. Public companies routinely turn to Mark for guidance on their corporate and securities law obligations.

Mark J. O'Brien

Partner

A “superb lawyer” who offers “nuanced and very practical” advice and has a deep “understanding of what the client is attempting to accomplish.” (Client – Chambers Global 2016)

Mark advises clients on private mergers and acquisitions, public and private offerings of equity and debt securities and loan financings. He provides methodical, business-minded advice to clients in a variety of industries, including mining, banking and investment funds. Public companies routinely turn to Mark for guidance on their corporate and securities law obligations.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in connection with its completed private placement of US$40-million 4.42% guaranteed senior unsecured notes due 2025; US$100-million 4.64% guaranteed senior unsecured notes due 2027; US$150-million 4.74% guaranteed senior unsecured notes due 2029; and US$10-million 4.89% guaranteed senior unsecured notes due 2032.

Syndicate of Lenders

Acted for a syndicate of lenders in connection with certain amendments to an existing revolving asset-based loan facility and an existing term loan facility to enable the completion of recapitalization and privatization transactions by Catalyst Paper Corporation.

GSO Capital Partners LP

Acted for GSO Capital Partners LP and its affiliates in the negotiation and establishment of two credit facilities, and the acquisition of substantially all of the assets of Grafton-Fraser Inc., former owner of Tip Top Tailors and other men's retail chains across Canada, pursuant to the Companies' Creditors Arrangement Act.

Roxgold Inc.

Acted for Roxgold Inc. in connection with an $18.4-million investment in the company by International Finance Corporation (IFC), a member of the World Bank Group, by way of a non-brokered private placement of 25,783,352 units.

Government of Canada

Acted for the Government of Canada in connection with the restructuring of the Nuclear Laboratories division of Atomic Energy of Canada Limited (a federal Crown corporation), including (i) the structuring and development of a competitive procurement process for a private sector contractor that will be responsible for the management and operation of AECL's sites, facilities and assets and the performance of AECL's nuclear decommissioning and waste management responsibilities, operating under a government-owned, contractor-operated (GoCo) model, and (ii) the drafting of the principal procurement and transaction documents, including the Request for Proposal and the management and operating agreements.

First Quality Enterprises, Inc.

Acted as Canadian counsel to First Quality Enterprises, Inc., and its affiliates in connection with the acquisition of Fempro I Inc. and related companies.

Kraft Canada Inc.

Acted as counsel for The Kraft Heinz Company in connection with a Canadian private placement of C$1.0 billion of senior notes issued by its subsidiary, Kraft Canada Inc., and guaranteed by The Kraft Heinz Company and Kraft Heinz Foods Company.  This private placement was part of a series of financing transactions in other jurisdictions consummated in connection with the US$54-billion merger of H.J. Heinz Company and Kraft Foods Group, Inc.

Waterton Nevada Splitter, LLC

Acted as counsel to Waterton Nevada Splitter, LLC, a wholly owned subsidiary of Waterton Precious Metals Fund II Cayman, LP, in connection with the acquisition of the Mt. Hamilton gold project from Solitario Exploration & Royalty Corp. and Ely Gold & Minerals Inc.

PricewaterhouseCoopers Inc.

Acted for PricewaterhouseCoopers Inc., in its capacity as Court-appointed Monitor for 923451 Ontario Limited (formerly known as Comstock Canada Ltd.), CCL Realty Inc. and CCL Equities Inc., in connection with the sale of assets under a sale proceeding conducted pursuant to the Companies' Creditors Arrangement Act.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in connection with its US$1.5 billion underwritten public offering of debt securities consisting of US$850 million senior notes due 2023 and US$650 million senior notes due 2043, made in the U.S. pursuant to the Multi-Jurisdictional Disclosure System.

True Gold Mining Inc.

Acted for True Gold Mining Inc. in connection with a strategic investment by Liberty Metals & Mining Holdings, LLC, pursuant to which Liberty acquired shares of True Gold comprising 19.95% of the issued and outstanding shares of True Gold on a private placement basis. In connection with the private placement, Liberty also acquired a 2% net smelter royalty in respect of True Gold's Karma gold property located in Burkina Faso.

BMO Capital Market

Acted for a syndicate of underwriters led by BMO Capital Markets in connection with the secondary public offering by SIR Corp. of units of SIR Royalty Income Fund.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in connection with its completed private placement of US$100-million 4.87% guaranteed senior unsecured notes due 2022 and US$100-million 5.02% guaranteed senior unsecured notes due 2024.

Holiday Canada ULC and Fortress Investment Group

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

Canaccord Genuity & National Bank Financial

Acted for a syndicate of underwriters led by Canaccord Genuity and National Bank Financial in connection with the $121-million initial public offering of HealthLease Properties Real Estate Investment Trust.

CIBC World Markets Inc. and TD Securities Inc.

Acted for a syndicate of underwriters co-led by CIBC World Markets Inc. and TD Securities Inc. in a $45-million bought deal public offering of units of Crombie Real Estate Investment Trust.

Enerflex Ltd. and Toromont Industries Ltd.

Acted for Enerflex Ltd. and Toromont Industries Ltd. in connection with the $1.1-billion initial public offering of Enerflex effected through a spinoff of Enerflex's common shares to Toromont's shareholders.

Toromont Industries Ltd.

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.

Bar Admissions

Ontario, 2007

Education

University of Toronto, JD
University of Prince Edward Island, BBA