When producing in Canada, it’s common to consider our country’s tax credits when financing the deal. When those credits are assigned outright or as collateral to another party in the contract, it’s important to protect your interests.
In this episode of the Entertainment & Media Law Signal podcast, Bob Tarantino speaks with Jim Russell and Ken Kraft to dissect the Grosvenor v Arc decision, which offers useful insights for anyone advancing money against tax credits. Our team discuss the key takeaways that underscore the importance of registering assignments of accounts and security interests under the PPSA. And, as a best practice, be sure to pay close attention to standard subordination agreements to ensure your party’s priority collateral interests are defined and reserved.