Corporate

Banking & Finance

Representative Matters

Counsel to agent for secured lenders on New Source Energy Partners L.P., an oil and gas company, transaction

Counsel to agent for senior secured lenders on CCNG Energy Partners, L.P., an oilfield waste disposal company, transaction

Counsel to Global Cloud Xchange, a data communications service and terrestrial networks provider, in connection with the company’s prepackaged chapter 11 restructuring

Counsel to secured term loan lender on Aerogroup International Inc., a retailer of women's footwear, transaction

M&A representation of Balboa Retail Partners, LLC in connection with the purchase of certain real estate assets

M&A representation of Gordon Brothers Retail Partners, LLC and Hilco Merchant Resources, LLC in connection with certain asset purchases and store closing sales

Abacus Finance: Streamlined Legal Services Enable a Client’s Competitive Advantage

Abacus Finance was founded in 2011 by experienced commercial financiers with a unique vision. They sought to finance an under-served but important and growing group of borrowers – lower-to-middle market pioneer enterprises backed by family capital or private equity sponsors. Their goal, as a senior lender in a range of sophisticated sponsor-backed leveraged recapitalizations and buyouts, was to provide these enterprises with $10 – $50 million in capital through senior secured debt and equity investments in a quick, custom, and cost-effective manner while minimizing risk.

Full Case Study

Bank of America $1.04B Senior Secured Working Capital Facility and Tranche B Term Loan Facility Waste Industries

Representation of Bank of America's Environmental Services Group, as administrative agent, in a $1.04 billion senior secured working capital facility and tranche B term loan facility for Waste Industries USA, Inc. (WI), a private solid waste disposal and environmental services company based in North Carolina with operations throughout the mid-Atlantic region and the southeastern United States. Merrill Lynch, Macquarie Capital and Wells Fargo Securities served as co-lead arrangers and joint book managers for the WI credit facilities.

Bank of America $160M Term Loan Facility Finance New York

Representation of Bank of America, N.A. as administrative agent in a $160 million term loan facility to finance the acquisition of certain development parcels and theatre development rights on Eighth Avenue in New York.

Bank of America $2.25B Loan for Progressive Waste Solutions

Representation of Bank of America's Environmental Services Group, as global agent, in a $2.25 billion multicurrency senior secured working capital facility and tranche B term loan for Progressive Waste Solutions Ltd., (BIN), a public, vertically-integrated solid waste disposal and environmental services company based in Vaughn, Ontario and operating through 70 subsidiaries throughout the United States and Canada. Merrill Lynch, TD Securities, CIBC and JP Morgan Securities served as co-lead arrangers and joint book managers for the BIN credit facilities.

Bank of America $45.8M Letter of Credit Facility

Representation of Bank of America in its $45.8 million letter of credit facility used to enhance floating rate revenue refunding bonds for a top-ranked New England based college.

Bank of America $783M Financing

Representation of Bank of America as administrative agent in its $783 million financing to one of the fastest growing independent waste management companies in the United States and Canada.  This transaction is representative of numerous financings in which Pam represents Bank of America as agent in facilities to companies in the environmental services/waste management industry.

Bank of America's Retail and Apparel Financing

Representation of Bank of America’s Retail and Apparel group in financings for Linens ‘n Things ($150 million), Barnes & Nobles, Inc. ($500 million), Lands’ End ($200 million), Ross Stores, Inc. ($600 million), Brookstone ($80 million), GameStop ($75 million), and Claire’s ($60 million).

KeyBank Revolving Credit Facilities to Public and Private REITs

Representation of KeyBank National Association in revolving credit facilities to public and private REITs, including Heritage Property Investment Trust, Inc. ($350 million); First Potomac Realty Investment Limited Partnership ($125 million); and Whitestone REIT Operating Partnership, L.P. ($50 million).

Major Foreign Bank Acquisition Senior Secured and Mezzanine Loan Positions New York and Florida

Representation of a major foreign bank in connection with its acquisition of senior secured and mezzanine loan positions in loans relating to trophy assets and development/construction projects located in New York and Florida.

MMA Financial Institutional Tax Credit Funds Borrower Bridge Facilities

Representation of various MMA Financial Institutional Tax Credit Funds as borrower in multiple substantial bridge facilities bridging investor capital calls.

Pyramid Hotel $250M Revolving Credit Citibank

Representation of Pyramid Hotel Opportunity Venture II LLC in its $250 million revolving credit facility from Citibank, N.A.

Tweeter Home Entertainment Group $75M Revolving Credit Facility General Electric Capital Corp.

Representation of Tweeter Home Entertainment Group, Inc. in its $75 million revolving credit facility with General Electric Capital Corporation and with its subsequent debtor-in-possession financing.

Abacus $1B+ Direct Lending Originations

Representation of Abacus Finance in connection with surpassing $1 Billion in direct lending originations to lower-middle market companies nationwide across 40 senior financing transactions since its launch in June 2011.

Abacus Branford Castle Partners Recapitalization

Representation of Abacus Finance in connection with the successful recapitalization of Surface Preparation Technologies, LLC.

Abacus Westview Capital Partners Recapitalization of Xtend Healthcare

Representation of Abacus Finance in addition to Westview Capital Partners in connection with the recapitalization of Xtend Healthcare.

Agent Bank $605M Revolving Credit Facility

Representation of agent bank in $605 million revolving credit facility to one of the nation’s largest REITs.

Agent in Connection with $385M Revolving Credit and Term Loan Facility

Representation of agent in connection with the $385 million Revolving Credit and Term Loan Facility to the US subsidiary of a large Canadian Income Fund as part of the acquisition of the US Borrower, a Canadian public debt offering and refinancing of Canadian facilities, resulting in one of the largest solid waste companies in North America.

Bank of America $350M Line of Credit for Canadian-Based Distributor

Representation of Bank of America in a $350M line of credit for a Canadian-based distributor of computer peripherals, with subsidiaries in more than 20 countries. This is one of numerous Canadian financings for which we have served as bank counsel, providing cross-border tax structuring and collateral advice.