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.
If you would like to discuss this podcast, please contact Jim Russell, Ken Kraft or Bob Tarantino.
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About Bob Tarantino
Bob Tarantino is Counsel at Dentons Canada LLP and focuses his practice on the interface between the entertainment industries and intellectual property law, with an emphasis on film and television production, financing, licensing, distribution, and IP acquisition and protection. His clients range from artists and independent producers to Canadian distributors and foreign studios and financiers at every stage of the creative process, from development to delivery and exploitation.
About Jim Russell
Jim Russell is a partner in our Business Law, Entertainment Law and Banking and Finance groups. He joined Dentons’ Toronto office in 2014 from another Canadian law firm. Jim focuses his practice on the motion picture, television and entertainment industries. His expertise encompasses production and project financing, corporate and syndicated financing, international and inter-provincial co-productions and co-ventures, and copyright.
About Kenneth D. Kraft
Ken (He/Him/His) is a member of our Banking and Finance and Restructuring, Insolvency and Bankruptcy groups. He focuses his practice on insolvency and finance, both secured and unsecured. Acting for lenders as well as borrowers, his expertise encompasses receiverships, informal work-outs and all manner of restructurings under the Companies’ Creditors Arrangement Act and the Bankruptcy and Insolvency Act. He is recommended as a leading insolvency practitioner for Canada in the Restructuring and Insolvency Handbook of the Global Counsel Handbook series.