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InteroilExxon Plan of Arrangement: Third Time's A Charm
  • McMillan LLP
  • Canada
  • March 21 2017

On February 20, 2017, InterOil Corporation (“InterOil”) obtained approval from the Yukon Supreme Court for an updated plan of arrangement with


2016 Securities Year in Review
  • McMillan LLP
  • Canada
  • March 9 2017

Through our annual Securities Year in Review publication we seek to highlight key changes in the capital markets sector, particularly with


Does the MAC Have Your Back? The Use of Material Adverse Change Clauses in Canadian Loan Agreements
  • McMillan LLP
  • Canada, United Kingdom, USA
  • February 15 2017

Material adverse change (“MAC”) clauses are routinely inserted into loan agreements by lenders. However, the practical effects of enforcing a MAC


No Changes to Arrangements: Alberta Court of Appeal Upholds Directors' Choice of Transaction Structure in Merger of Marquee Energy Ltd. and Alberta Oilsands Inc.
  • McMillan LLP
  • Canada
  • January 6 2017

On November 15, 2016, the Alberta Court of Appeal overturned1 a lower court decision that would have required Alberta Oilsands Inc. (“AOS”) to


Hecla DecisionThe British Columbia Securities Commission Continues to Narrow the Use of the Public Interest Power
  • McMillan LLP
  • Canada
  • December 9 2016

On October 24, 2016, the Ontario Securities Commission (OSC) and British Columbia Securities Commission (BCSC, together with the OSC, the


Court of Appeal Overturns Approval of US$2.3 Billion Merger Between InterOil and ExxonMobil
  • McMillan LLP
  • Canada
  • December 2 2016

On November 4, 2016, the Court of Appeal of Yukon (comprised of three justices of the British Columbia Court of Appeal) unanimously overturned a lower


New SCC Decision on Oppression Remedy is Instructive for Closely-Held Private Companies
  • McMillan LLP
  • Canada
  • November 25 2016

In Johnny Mennillo v. Intramodal Inc. (2016 SCC 51), the Supreme Court of Canada (“SCC”) has ruled that the failure of a company to follow formalities


Ontario court makes observations on purpose of fairness opinions in the context of plans of arrangement
  • McMillan LLP
  • Canada
  • April 9 2014

A recent decision of Justice Brown of the Toronto Commercial List Court provides a good reminder of the role of both fairness opinions and the Court


Break fees and take over bid defensive tactics the BCSC Aurizon decision
  • McMillan LLP
  • Canada
  • October 9 2013

The British Columbia Securities Commission (the "BCSC") released the full reasons for its decision regarding the application by Alamos Gold Inc


Critical suppliers: court re-confirms the law regarding payment of pre-filing obligations
  • McMillan LLP
  • Canada
  • September 13 2012

The Ontario Superior Court of Justice has recently re-confirmed that a debtor subject to proceedings under the Companies' Creditors Arrangement Act may be authorized to pay pre-filing obligations owed to a critical supplier