Nancy Smith color copy

Nancy D. Smith

Partner

403.260.0124
nsmith@bdplaw.com
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Education:
Dalhousie University, Bachelor of Laws, 2004

Dalhousie University, Bachelor of Arts, Political Science, 2001

Bar admission: Alberta 2005
Industries:
Agribusiness, food and beverage, Financial services, Oil and gas, Power, Start-up and early-stage companies, Technology
Practice areas:
Banking and finance, Project finance

Experience

Nancy's focus is on:

  • Syndicated and bilateral financings for both lenders and borrowers
  • Secured and unsecured lending transactions
  • U.S. and international financings
  • Convertible debenture and private placement note offerings for the issuer
  • ISDA Master Agreement Transactions

Professional involvement

Professional associations

  • Member, Law Society of Alberta
  • Member, Canadian Bar Association
  • Member, Calgary Bar Association

Presentations

Nancy has also presented at various conferences, panels, seminars, and other events, including:

  • ISDA Agreements - What Is "Market" & What Is "Negotiable"?, BD&P Banking Seminar - Banking Basics, May 2012

Representative work

Petrus Resources' acquisition and refinancing transactions

Counsel to Petrus Resources Ltd. for its $15 million acquisition of a privately owned limited partnership and its general partner with Cardium assets located at Ferrier, Alberta, $20 million rights offering, $30 million revolving loan facility, and $25 million second lien term facility.

Whitecap Resources Inc's $300 million acquisition of Kicking Horse Oil & Gas Ltd.

Counsel to Whitecap Resources Inc. in its indirect acquisition of Kicking Horse Oil & Gas Ltd., a portfolio company of Quantum Energy Partners, for $300 million.

ARC Resources Ltd.'s $8.1 billion combination

Counsel to ARC Resources Ltd. in its $8.1 billion strategic Montney combination with Seven Generations Energy, resulting in ARC becoming Canada's largest condensate producer, third-largest natural gas producer and sixth-largest upstream energy company.

CWC Energy Services Corp. syndicated and term credit facilities

Counsel to CWC Energy Services Corp. in connection with amendments and extensions of its secured syndicated credit facilities in an aggregate principal amount of up to $75 million and a new secured 5-year term credit facility in the principal amount of $12.8 million.

Whitecap Resources Inc.'s $1.7 billion credit facility

Counsel to Whitecap Resources Inc. in its $1.7 billion senior secured credit facility which included the issuance of $195 million senior secured notes

Tourmaline Oil Corp.'s Peace River High joint venture

Counsel to Tourmaline Oil Corp. in the $500 million Peace River High sale to and joint venture with Canadian Non-Operated Resources LP.

Multiple acquisitions by Command Fishing and Pipe Recovery Ltd.

Counsel to Command Fishing and Pipe Recovery Ltd. in the acquisition of three private wireline and fishing companies.

Sale of Pacer Construction Holdings Corporation

Counsel to Pacer Construction Holdings Corporation and its affiliated operating companies, a leading contractor in Western Canada, in connection with its US$213 million sale to MasTec, Inc.

Baytex Energy Corp.'s $1.5 billion financing

Counsel to Baytex Energy Corp. in its $1.5 billion public offering of 38,433,000 subscription receipts.

Inter Pipeline Fund conversion to Inter Pipeline Ltd.

Counsel to Inter Pipeline Fund in its conversion to Inter Pipeline Ltd., a dividend paying corporation.

Progress Energy Resources Corp.'s sale and joint venture with PETRONAS

Counsel to Progress in the $1.1 billion sale of 50% working interest in Montney shale assets in Foothills of north eastern British Columbia to PETRONAS, the Malaysian national oil company, and the formation of an upstream joint venture to develop the gas assets as well as a downstream LNG Export Project Joint Venture pursuant to which they plan to build and operate a major LNG export facility.

International credit facilities for Vermillion Resources Ltd.

Counsel to The Toronto-Dominion Bank as agent for a syndicate of ten lenders providing international credit facilities to Vermillion Resources Ltd. aggregating $800 million on a senior secured basis.

Triwest Capital Partners acquisition of NCSG Crane & Heavy Haul Corporation

Counsel to Triwest Capital Partners and Alberta Teachers’ Retirement Fund in connection with the acquisition of a majority interest in NCSG Crane & Heavy Haul Corporation.

Canadian Pacific Railway Company's $1.165 billion credit facility

Counsel to Royal Bank of Canada and a syndicate of lenders in connection with a $1.165 billion revolving credit facility provided to Canadian Pacific Railway Company.

Sale of Decisive Farming Corp.

Counsel to Decisive Farming Corp in the acquisition by TELUS Agriculture Solutions Inc.

International syndicated credit facilities for Superior Plus Corp.

Counsel to the agent and a syndicate of ten lenders with respect to providing a $750 million secured credit facility to affiliated Canadian, U.S. and Chilean borrowers.

ORLEN Upstream Canada Ltd.'s acquisition of Birchill Exploration LP

Counsel to ORLEN in connection with a $255 million acquisition of Birchill pursuant to a share purchase agreement.

Amalgamation forming one of the largest private oil companies in North America

Counsel to the administrative agent and a syndicate of lenders in respect of a covenant based $1.5 billion credit facility with a syndicate of Canadian, U.S., and international banks in connection with the amalgamation of Strathcona Resources Ltd., Caltex Resources Ltd. and Stickney Resources Ltd., making it one of the largest private oil companies in North America.

NuVista Energy Ltd. $440 million sustainability-linked loan

Counsel to NuVista Energy Ltd. in respect of a covenant based $440 million sustainability-linked loan with a syndicate of Canadian banks, with sustainability performance targets based on Scope 1 & 2 GHG Intensity, increased spending on asset retirement obligations and gender diversity at the Board of Directors level.

Canadian International Oil Corp. equity commitment and debt financing

Counsel to Canadian International Oil Corp. in respect to its $150 million equity line financing commitment by an affiliate of Riverstone Holdings LLC and US$160 million private placement of senior unsecured notes

International Petroleum Corporation acquisition of oil and natural gas assets from Cenovus Energy Inc.

Counsel to International Petroleum Corporation in the acquisition of oil and natural gas assets in Suffield and Alderson areas of southern Alberta from Cenovus Energy Inc. for proceeds of $512 million plus an additional deferred contingent amount of $36 million

Pacer Construction Holdings Corporation sale to MasTec, Inc.

Counsel to Pacer Construction Holdings Corporation and its affiliated operating companies, a leading contractor in Western Canada, in connection with its US$213 million sale to MasTec, Inc.

Amalgamation in making one of the largest private oil companies in North America

Counsel to the administrative agent and a syndicate of lenders in respect of a covenant based Cdn.$1.5 billion credit facility with a syndicate of Canadian, U.S., and international banks in connection with the amalgamation of Strathcona Resources Ltd., Caltex Resources Ltd. and Stickney Resources Ltd., making it one of the largest private oil companies in North America.

NuVista Energy Ltd. $440 million sustainability-linked loan

Counsel to NuVista Energy Ltd. in respect of a covenant based Cdn.$440 million sustainability-linked loan with a syndicate of Canadian banks, with sustainability performance targets based on Scope 1 & 2 GHG Intensity, increased spending on asset retirement obligations and gender diversity at the Board of Directors level.

Awards

Recent honours and recognition

Named by Best Lawyers in Canada as a recommended lawyer in banking and finance law (2018-2023)

Next generation partner in banking and finance by the Legal 500 Canada (2019-2022)

Recognized in the Canadian Legal Lexpert Directory as a leading lawyer for banking and financial institutions (2019-2022)

Named in Lexpert's special edition on Canada's leading infrastructure lawyers (2019)

Named in Lexpert's guide to the leading US/Canada cross border corporate lawyers in Canada (2016)

Named a Lexpert Rising Stars honouring Canada's Leading Lawyers Under 40 (2015)