199 Bay St, Suite 5300, Commerce Court West, Toronto, ON
Year called to bar: 2001
Kelly Niebergall is counsel in the Knowledge Management Group, practising corporate and commercial law with an emphasis on financing and insolvency. She has acted for domestic and foreign financial institutions, as well as venture capital funds and corporate borrowers, in connection with a wide range of types of financing including cross-border finance, acquisition finance, asset-based lending, project finance and equipment finance. She has also acted for receivers and debtors in commercial insolvencies and insolvency-related merger and acquisition transactions. She has a dual practice, representing clients on transactional mandates as well as developing and maintaining documentary precedents and other practice resources and current awareness materials, and furthering other knowledge management endeavours within the Banking & Lending Group.
Leading infrastructure and construction materials enterprise Armtec Infrastructure Inc. and its affiliates (Armtec) completed a going-concern sale of substantially all of its assets to Armtec LP, an affiliate of Brookfield Capital Partners Fund III L.P. (Brookfield), in exchange for a release from approximately $200 million in secured debt obligations owing to Brookfield. The transaction was completed pursuant to an asset sale under the <I>Companies’ Creditors Arrangement Act</I> (CCAA).
