Jonathan Fleisher* is a partner in the Financial Services and Business Law Groups.
His financial services practice focuses on the commercial finance industry with a particular emphasis on innovative cross-border transactions and equipment and asset finance, where he has been recognized as a leading lawyer by the Canadian Legal Lexpert Directory and Best Lawyers. He has particular expertise assisting public and private US commercial finance companies with both establishing operations in Canada and purchasing and selling finance and lease companies, providing both legal and practical business advice. Jonathan's work in the automotive sector is focused on structured finance, securitization and commercial and consumer leasing issues. His experience also extends to all forms of debt finance including sub-debt, venture financings, convertible debt, tranche b debt and asset-based lending.
Jonathan’s exposure to commercial finance provides him with a unique insight in acting for both debtors and creditors in financial restructuring. His solicitor-focused restructuring practice focuses on strategic planning within an insolvency context. When acting for a creditor, Jonathan provides practical advice on how to maximize returns without exposing the creditor to enhanced liability. For debtors, his advice includes structuring debt investments, advising directors on how to minimize personal liability and developing plans to allow entities to utilize insolvency legislation to assist a company’s recovery.
Jonathan is an avid lecturer and writer on both a domestic and international level. Typically he speaks about six times per year at both business and legal conferences. He is also a prolific writer on topics related to equipment finance and cross-border transactions. Jonathan is the legal editor for Fleet Digest magazine and has completed both the Equipment Finance and Subordinated Debt chapters for Canadian Forms & Precedents. He has also drafted specific guides for US lenders expanding operations to Canada.
His work in this area includes:
- Acting for CIT Financial Ltd. in an equipment based revolving loan to Bauer- Pileco for assets located in Canada and the US
- Acting for a private equipment finance company in the sale of the business
- Representing Hitachi Capital America Corp in their expansion into Canada through their subsidiary Hitachi Capital Canada Corp. and the development of a marketing and services agreement between Hitachi Canada and CLE Leasing Enterprise Ltd.
- Acting for a multi-national equipment finance company, as borrower, in a US$300,000,000 syndicated credit facility
- Advising lenders, arrangers and borrowers on lease and debt financings of railcars
- Developing and executing private securitization structures
- Securitizing auto portfolios of cross-Canada dealers
- Handling a private securitization of equipment finance portfolios in nine figure transactions
- Representing international and domestic banks and commercial finance companies as both purchasers and sellers in nine figure portfolio transactions
- Representing Banks in purchasing all of the assets of a private leasing company
- Acting for a multinational commercial finance company on a significant insolvency of one of its borrowers
- Handling a joint venture and program structures between top 10 international banks and the world’s largest software and equipment providers
- Developing commercial finance precedents and procedures for newly established Canadian entities
- Acting for both purchasers and sellers of commercial finance companies
Jonathan sits on the board of a number of his clients.
The corporate side of Jonathan’s practice focuses on all aspects of corporate law, including mergers and acquisitions, finance and strategic advice. He has a particular expertise with both finance companies and mid-sized technology companies assisting them from start-up to their eventual take-out strategy. He is able to provide legal and business advice gained from his pre-legal career.
*denotes Professional Corporation
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