$125M Tax Exempt Working Capital Financing
$125M Tax Exempt Working Capital Financing (Borrower's counsel)
$200M Taxable Hospital Bonds
Borrower's counsel in connection with $200M Taxable Bond issue in New Jersey.
$400M Letter of Credit Reimbursement Agreements
$400M Letter of Credit Reimbursement Agreements (Borrower’s counsel)
$500M Standby Bond Purchase Agreements
$500M Standby Bond Purchase Agreements (Bank counsel)
Achieved Payment and Reduced Risks for Owner of Decommissioned Power Plant*
Represented the owner of decommissioned electrical power plants that contracted for their demolition and the recovery of scrap metal in a case where the scrap company breached its contracts, created substantial environmental exposure and then filed for Chapter 11. The bankruptcy court approved the lock out of the contractor and dismissed the debtor’s counterclaim litigation. This ultimately provided a resolution for a substantial payment to the owner.
Acquisition
Represented acquirer in $1.4 billion CMBS and mezzanine financings in acquisition of public company.
Acted as Counsel to Lender in Hospital BK*
Represented the lender to the regional hospital in Bridgeport, Texas in its Chapter 11 case.
Acted as Lender's Counsel to Forest Products Company in Contentious Chapter 11*
Represented the lender to a large forest products company in Chapter 11 where the debt was collected as a result of the sale of the company’s primary assets after a contested confirmation hearing involving multiple plans of reorganization.
Advised in One of the Largest Not-for-Profit Chapter 11 Cases*
Served as Creditors' Committee counsel in National Benevolent Association, a not-for-profit corporation that owns and operates senior living facilities and facilities for developmentally disabled adults and juveniles. NBA is one of the largest not-for-profit corporations to seek Chapter 11 relief.
Aircraft Financing
Represented national banks and Canadian banks in connection with their aircraft financings.
Allocation of Purchase Price
Allocated purchase price of hospitals to create minimum compliance responsibility and maximum flexibility as to future use (Borrower’s counsel).
Asset-Based
Represented numerous commercial finance and bank asset-based lending divisions in asset-based lending transactions.
Asset-Based, Multinational Leveraged Acquisition
Represented private equity fund and its acquisition entity in senior asset-based and mezzanine financings of acquisition of a multi-national business.
Bridge
Represented private equity fund in negotiating financing line to bridge capital calls from limited partners to facilitate acquisitions.
Confirmed Hostile Chapter 11 Plan for Oil Wildcatter*
Represented the lender to an oil "wildcatter" in Chapter 11 where a plan resolving a "lender liability" lawsuit was confirmed over the debtor's vigorous objections, which was then affirmed on appeal.
Counseled Creditors Committee in Gas Producer Insolvency*
Represented the creditors committee in the Chapter 11 case of a gas producer in the Texas Panhandle.
Counseled Lender in Bid Opposition in Innkeepers USA Chapter 11*
Represented Midland Loan Services Inc., the servicer for $825 million in mortgage debt, in its opposition to a bid by Innkeepers USA Trust to enter into a plan support agreement regarding a debt-for-equity swap with Lehman Brothers Holdings Inc.'s subsidiary, Lehman ALI, Inc. and Apollo Investment Corporation.
Credit Enhanced Tax Exempt Bond Financing
Represented national bank in connection with a $25 million letter of credit to secure bonds for the construction of an affordable housing complex located in Miramar, Florida.
Debtor-in-Possession
Represented national banks, commercial finance companies and debtors in numerous DIP financing transactions.
Defeasance
Represented borrowers with respect to their mortgage loan defeasance.
Ex-Im Bank Financing
Represented banks in amendment of syndicated credit facility to provide Ex-Im Bank guaranteed credit line financing certain of the borrower's receivables from foreign customers.
Gift Card Subsidiary/Unclaimed Property
Advised major national retailer on structuring gift card subsidiary to minimize unclaimed property compliance burden.
In re Oak Rock Financial, LLC
Represents Official Committee of Unsecured Creditors in Chapter 11 and adversary proceedings of small business lender.
Investment Structure
Advised high net worth individual on virtual currency investment structure minimizing exposure for undisclosed security interests and liens.
Luxury and Business Class Hotel Debt
Representing owners of luxury and business class hotels and resorts since 2006 in connection with more than $7 billion of structured debt. Hotels and resorts include Barton Creek Spa & Resort, Grove Park Inn, Hotel del Coronado, Fairmont (Chicago, IL; Scottsdale, AZ), Four Seasons (Mexico City, Punta Mita and Washington, D.C.), Homestead Resort, Hyatt La Jolla, InterContinental (Chicago, IL; Miami, FL), JW Marriott Essex House, Loews Santa Monica, Marriott Lincolnshire, Ritz Carlton (Half Moon Bay and Laguna Niguel) and Westin St. Francis.
Multicurrency Acquisition Financing
Represented U.S. borrower and its affiliates in negotiation and documentation of U.S. and Asian credit facilities in connection with its acquisition of manufacturing facilities in Asia.
Negotiation of $130M Restricted Donation
Negotiated $130M restricted donation to redeem high coupon tax exempt bonds (Borrower’s counsel).
New Markets Tax Credit
Represented the CDE in documenting QLICI loans in New Markets Tax Credit financings.
Protected Creditor of Barnett Shale Energy Company in Complex Chapter 11*
Represented the purchaser of a note from an energy company producing oil and gas from the Barnett Shale. Negotiated the resolution of litigation against the purchaser to secure a Chapter 11 plan that provided for the debt to be paid. When the debtor could not perform under the confirmed plan, a renegotiation secured a substantial pay down and the ultimate foreclosure on the producing properties.
Protected Lender's Interests in Gold Mining Equipment Bankruptcy*
Represented the lender in the Chapter 11 case of an individual who owned gold mining equipment located in Alaska.
