In Port Capital (EV) Inc. (Re), 2022 BCSC 370, the Supreme Court of British Columbia recently declined to grant a declaration that the interest rate and fees charged under a debtor-in-possession (DIP) loan did not violate...more
Private equity and alternate lenders often take a basket of rights when investing in an entity. The basket may include equity, options, warrants and/or debt. In the case of debt financing, lenders often negotiate equity...more
2/5/2019
/ Ancillary Agreements ,
Commercial Loans ,
Convertible Debt ,
Criminal Code ,
Debt Financing ,
Equity Financing ,
Interest Rates ,
Lenders ,
Private Equity ,
Shareholders ,
Startups ,
Warrants
Entering into a loan transaction that also has an equity component, such as the issuance of shares or warrants, has previously given rise to some concern that the loan could ultimately run afoul of the 60 percent criminal...more