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Kenneth R. Rosenstein

Partner* Admitted to the Ontario Bar: 1993
*Practising as a professional corporation

Having worked in the financial services industry at a private non-bank finance company building their asset-based lending business, Ken has a deep understanding of and practical experience with lending money and recovering loans. He is a consummate relationship builder and leverages his connections with finance, legal and industry experts to connect people and create opportunities for his clients. His passion for finding creative, practical solutions enables him to confidently help clients be more competitive and manage risk. Ken regularly presents and writes on various topics relating to the financial services industry, keeping his clients apprised of recent developments and practical applications as a result of changes in the industry. 

As a senior member of the firm's Financial Services Group, Ken's practice focuses on all areas of corporate and commercial finance, restructuring and creditor enforcement matters. He has extensive experience representing lenders and borrowers in matters regarding asset-based, syndicated, senior-secured, mezzanine, subordinated debt, and quasi-equity financings, both domestic and cross-border. 

Ken is approved counsel for and represents a number of major bank and non-bank financial institutions, including BDC, Bibby Financial,  BMO ABL, Bridging Finance, CIBC, Fifth Third Bank, HSBC, Maynbridge Capital, Monroe Capital, PNC Bank, RBC, Salus Capital, TD Asset Finance and Wellington Financial. He also has extensive experience in cross-border financings in a broad range of industries, including retail, manufacturing, distribution, logistics, packaged goods and the automotive industry in connection with a variety of financing and enforcement matters.

Awards & Recognition

  • Recognized in The Canadian Legal Lexpert Directory as a leading lawyer in the area of Asset-Based Lending

Professional Involvement

Memberships

  • Board of Directors of the Turnaround Management Association
  • Member of the Association for Corporate Growth (Toronto Chapter)

Selected Speaking Engagements

In addition to the selected presentations below, Ken also regularly conducts in-house training sessions and seminars for his institutional clients on issues relating to finance, restructuring and enforcement matters. As well, he was Co-chair of the Annual Commercial Loan Finance & Security Conference from 2007-2009. 

Presenter, "Legal Challenges Update," Asset-Based Lending in a Globalized Economy Forum, February 2017

Co-presenter, "US-Canadian Cross Border Finance," Boston Bar Association Commercial Finance Committee Meeting, April 2011

"Alternative Financing Solutions," Aird & Berlis LLP Financial Difficulties Seminar: Current Issues of Tax, Banking and Financing Strategies, June 2009

Moderator, "Addressing the Impact of the Credit Crunch through Alternative Financing Solutions," 11th Annual Commercial Loan Financing & Security Conference, March 2009

"Alternative Lending Sources," Aird & Berlis LLP Financial Difficulties Seminar: Sales Down / Costs Up – Staying Alive, June 2008

Selected Publications

In addition to the Financial Services Group's banking law newsletter and numerous client advisories, Ken has written on various topics relating to asset-based lending, debtor-in-possession financings and insolvency-related matters, including the below selected articles.

"Liquidation of a Pharmacy’s Prescription Drug Inventory," Health Law in Canada Journal.

"A Look at the Current State of the Law of the Priority of Pension Benefit Obligations over Secured Lenders," Ontario Bar Association’s Insolvency News.

"A Bank's Right of Set-Off in the Face of Receipt of a Garnishment," Ontario Bar Association’s Insolvency News.

Education

  • LLB and BCL, McGill University, 1991
  • BA, Economics (Honours), McGill University, 1987