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The reasonableness standard in commercial agreements

Canada - October 30 2019 In drafting credit agreements, a borrower may qualify a consent or obligation of the lender with the standard of "acting reasonably." Financial…

David B. Kierans, Kelby Carter, Kate Yurkovich

The Consequences of a Merger on Secured Parties’ Rights

Canada - October 25 2018 Mergers and acquisitions are more and more frequent in our globalized, modern and fast-paced economy. According to statistics provided by The…

David B. Kierans

When a borrower amalgamates: What a secured creditor should do in Québec to preserve its security

Canada - March 29 2017 When the grantor of a hypothec amalgamates with another entity, a secured creditor is not always informed prior to the fact. If the creditor is…

Ingrid Anton

Québec: Acknowledgement of debt saves recovery of principal bearing a criminal interest rate

Canada - September 29 2016 Pursuant to Section 347 of the Criminal Code, an effective annual interest rate that exceeds 60% of the total credit advanced under an agreement or…

Marie-France Béland

A client asked us: Preserving hypothecary rights in Québec following a grantor’s asset sale completed without consent

Canada - September 28 2017 When a grantor of a movable hypothec alienates certain of its assets, is there a formality that must be completed by the secured party in order…

Marie-France Béland