Not exact matches
Under European rules, a public recapitalization entails that
equity holders and subordinated creditors (owners of high - ranking debt) will have to share the burden and enter a «bail - in» of 8 percent (minimum)
before public money is used.
-LSB-(Version 2, which is not quite as aggressive): If any
holder of Series A Preferred Stock fails to participate in the next Qualified Financing, (as defined below), on a pro rata basis (according to its total
equity ownership immediately
before such financing) of their Series A Preferred investment, then such
holder will have the Series A Preferred Stock it owns converted into Common Stock of the Company.
Preferred returns: Preferred returns represent an amount that the startup must return to the venture capitalist
before it distributes any assets (payments) to the
holders of common (residual)
equity shares.
Senior secured loans: Leveraged Loans or senior loans are on top of a company's capital structure so they are the first to be repaid
before other debt obligations and
equity holders.
The preferred dividend is paid out only after interest has been first paid to regular debt
holders but
before common
equity holders can retain any of their profits.
A judgment attachment is most often a secondary lien that allows the creditor to receive money from the sell of the asset after primary lien
holders have been paid and
before the owner realizes any
equity.
Interestingly, Klarman is also a large
holder of the common
equity and he purchased
before shares fell to current levels.
According to the mortgage act in Ontario, a
holder of a registered mortgage may sell it off to claim their investment but that is not possible because lenders who came
before must recoup
before a home
equity lender can be compensated.
Notable mandates: Successfully represented Toronto mayor Rob Ford in a libel and defamation action; representing former Liberal MP Borys Wrzesnewskyj in litigation proceeding contesting election in Etobicoke Centre; acting on the establishment of a large residential real estate private
equity fund; a complex reorganization of an existing real estate private
equity fund into private REIT, the investors in which include several of Canada's largest pension plans and mutual funds; acted for the purchaser in excess of 230 quick service restaurants in Ontario, B.C., and Quebec; acted for management in a proxy dispute involving an interlisted TSX and ASX company, involving various interest
holders in several international jurisdictions; represented Pharmascience Inc. at Federal Court of Canada; represented clients such as Apotex Inc. in trademark dispute; represented Canadian Generic Pharmaceutical Association in matters
before the Trademark Opposition Board.
b) it provides the bona fide purchaser for value the complete legal title to the instrument without any encumbrance from title defects or other
equities or other prior
holders of the instrument (assuming the purchaser did not receive notice of any such defect in title or
equity before making the transfer).