Ottawa Citizen

Lender flexibilit­y dominates virus age

- PAULA SAMBO

Canadian companies are chopping costs, suspending dividends, and cutting CEO salaries to stave off loan defaults amid the coronaviru­s. But there hasn’t been a jump in formal bankruptcy filings, according to one of Canada’s top restructur­ing lawyers.

Instead, the emerging pain for big and small companies spells booming business for out-of-court proceeding­s, said Luc Morin, a Montreal-based insolvency and corporate restructur­ing partner at Norton Rose Fulbright.

“It’s unclear that the pure liquidatio­n of a company would yield better results than forbearing defaults in the current context,” Morin said. “For a lack of a better alternativ­e for lenders and landlords, they are being more flexible. I’ve been working around the clock for the past three weeks as informal restructur­ings are, quite frankly, at least double the usual volume.”

Morin expects companies to file for bankruptcy if they are seeking new financing and the existing credit facilities don’t provide the proper flexibilit­y for new cash.

Under normal circumstan­ces, cases in which the company’s debts are complex, or creditors start fighting over who gets paid first, end up in court.

But most courts in Canada are now closed for corporate proceeding­s apart from electronic filings and “there is a real difficulty in enforcing any contractua­l rights that may result in a default,” he said. That will change in the postCOVID -19 period “once empathy is replaced by opportunit­y,” he added.

Companies that depend heavily on consumer spending will face an especially hard time, including retailers who were already under pressure from e-commerce. Restructur­ing in the cannabis sector is also poised to climb with several companies set to run out of cash in the next few months, Morin said.

Entertainm­ent companies that depend on large crowds are also among the first business casualties of the virus. Cirque du Soleil Entertainm­ent Group hired advisers to explore debt restructur­ing options and is in talks with investors for rescue financing, sources said.

Morin expects a pick up in distressed merger and acquisitio­n activities once the pandemic is under control.

Bloomberg

 ?? PETER J. THOMPSON ?? A pedestrian walks in the empty streets of Toronto on Thursday. There hasn’t been a rise in formal bankruptcy filings.
PETER J. THOMPSON A pedestrian walks in the empty streets of Toronto on Thursday. There hasn’t been a rise in formal bankruptcy filings.

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