Corporate Finance
Munsch Hardt has an international reputation in the field of corporate finance. Our Corporate Finance group represents regulated and unregulated creditors, private equity hedge funds, and domestic and foreign financial institutions. This representation gives us a broad perspective in negotiating, documenting and restructuring complex large dollar loans, and combination debt and equity transactions as well as working capital loans, revolving credits and unsecured credit facilities. Munsch Hardt's Corporate Finance group is experienced in project finance transactions, asset backed lending involving a wide variety of assets, inventory financing, equipment financing, oil and gas financing, acquisition financing, accounts receivable financing, syndicated loans, sale/leasebacks, letter of credit facilities, real estate lending, factoring transactions, swap transactions and other types of derivatives. The Corporate Finance group is also experienced in representing offshore private investment funds in loan transactions involving United States funds.
Representative Deals & Suits
- Representation of mezzanine lenders through the borrower's Chapter 11 bankruptcy and in several adversary proceedings, acquisition of the project under Section 363 of the Bankruptcy Code, restructuring of the existing senior loan documents with International Bank of Commerce, negotiation of all project documents with a Texas based resort, preparation of airport access agreements, modification of pre-existing design agreements, preparation of construction contracts with numerous general contractors and licensing of with the Texas Real Estate Commission.
- Representation of one of the largest global bank groups in the world, as a lender, in a syndicate of senior secured creditors, in connection with the restructure of a $70 million credit facility to an Argentina oil and gas borrower.
- Representation of numerous real estate partnerships in bankruptcy and pre-bankruptcy workouts for Hampton Partners and Daseke Management Company of America.
- Representation of an agent for the 18 member bank group in the transfer of the equity interests of the entities owning the Mystic River and Fore River power plants in Massachusetts to single purpose entities created to hold such interests for the bank group. The projects were assigned to the bank group after various defaults and cost overruns of over $1 billion.
- Representation, as special counsel, for General Wireless, Inc. and its affiliates in their Chapter 11 cases filed in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division. The debtors were start-up companies formed to bid on, acquire and develop the network for licenses in the Federal Communication Commission's (FCC) C-block auction of a 30 megahertz wireless spectrum in major metropolitan areas of the United States. Munsch Hardt and its co-counsel were successful in prosecuting a fraudulent conveyance action against the FCC that resulted in a $954 million reduction of General Wireless Inc.'s indebtedness for the licenses. General Wireless, Inc. confirmed its plan of reorganization over the FCC's objection.
- Representation of a company in a $400 million unsecured financing to a broadcasting concern.
- Representation of a company in a $350 million secured revolving line of credit for the acquisition, construction and furnishing of theaters in the United States and Canada.
- Representation of a company in a $300 million commercial paper facility to support the securitization of trade receivables from rated obligors.
- Representation of a company in a $300 million extension of credit for the acquisition of a public chemical manufacturer.
- Representation of partnerships affiliated with NHP, Inc., the largest single owner and manager of apartments in the United States, currently managing nearly 90,000 units nationwide. The partnerships own properties located in Arizona, Texas and Florida. Munsch Hardt has also successfully represented a joint venture between NHP, Inc. and First Boston Capital Corporation in the resolution of a portfolio and loans acquired from the Regional Transportation Commission (RTC), as receiver, for University Savings.
- Representation of Nelson Bunker Hunt in his Chapter 11 case filed in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division, which was one of the largest personal bankruptcy cases in history and involved over $250 million in assets and over $2 billion in contested claims.
- Representation of West End Partners I, Ltd. in its Chapter 11 case filed in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division. The debtor is a large Dallas, Texas based real estate investment corporation seeking to renovate several buildings in Dallas, Texas' historic West End District into luxury lofts and apartments. The debtor's plan of reorganization was confirmed by the bankruptcy court.
- Representation of over 80 real estate related partnerships in Arizona and Texas syndicated and managed by Hall Financial Group, Inc.
- Representation of La Quinta Motor Inns Limited Partnership, a master public limited partnership, in connection with the restructure of approximately $75 million in secured debt with Aetna Life Insurance Company.
- Representation of a well-known family owned company in the negotiation of the restructure of the management agreement and underlying financing for a major Colorado destination resort.
- Representation of a Chapter 11 trustee in the reorganization of an international exploration and production company operating in Columbia, South America.
- Representation of an indenture trustee of a Eurobond issue in the reorganization case of a bank holding company.
- Representation of various landlords in several complex Chapter 11 bankruptcies of major national retailers.
- Representation of the nation's leading supplier of promotional products in a successfully completed consensual out-of-court restructuring of a $290 million credit facility and approximately $100 million in subordinated debt. The company had a complex, multitiered corporate structure of over 16 separate, nationally dispersed entities, negotiations with multiple constituencies and creditors including a senior bank group, subordinated debt holders and multiple classes of equity interests.
- Representation of a consortium of lien claimants in the enforcement of their lien claims against the debtor's oil and gas producing properties and pipelines in the reorganization case of an energy exploration and production, transportation and refining company.
- Representation of life insurance companies in a bankruptcy of NCS Convenience Stores.
- Representation of a large trade creditor in a Chapter 11 case of a worldwide group of chemical companies.
- Representation of the largest unsecured creditor group in the successful reorganization of a public chemical company.
- Representation of a member of the Official Committee of Unsecured Creditors in a Chapter 11 case involving a group of orthopedic and prosthetic services companies headquartered in Louisville, Kentucky.
- Representation of a shipyard and shipbuilding company as a party to design, engineer and license agreements with a debtor in a Chapter 11 case in a Mississippi bankruptcy court.
- Representation of a financial corporation in its Chapter 11 case filed in the United States Bankruptcy Court for the Western District of Texas, Austin Division. Prior to the filing, the debtor originated and serviced second lien mortgages on a nationwide basis with an aggregate principal balance of approximately $2.3 billion. In addition to all of the other Chapter 11 functions and related litigation in the case, Munsch Hardt assisted the debtor in successfully conducting a court approved auction process of the sale of its servicing portfolio and all aspects of the closing of the sale.
- Representation of a legal representative for future asbestos claimants in the reorganization of a specialty refractory contractor faced with significant asbestos related liabilities.
- Representation of a member of the Official Committee of Unsecured Creditors in an oil and gas production company's Chapter 11 bankruptcy.
- Representation of a large Florida based finance company in connection with a loan facility and an equipment lease with an entity involved in the medical support business. The borrower provides outsource medical support services to hospitals, physicians' offices and other health care facilities in the Midwest and Southwestern United States.
- Representation of a financial service corporation in connection with a $30 million credit to an asset based lender and its subprime auto finance company and commercial mortgage units.
- Representation of a private equity firm located in Houston, Texas on two matters including a $5 million loan facility from an Ohio bank to a related entity in Colorado and conversion of approximately $30 million in debt to a cell phone refurbishing entity into equity interests.
- Representation of a Norwegian bank, as Texas counsel, in connection with a $7.9 million loan to a Norwegian company with Texas subsidiaries.
- Representation of a Texas based national bank in connection with a $338 million loan and loan participation agreement.
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