Eric Berg | White & Case LLP International Law Firm, Global Law Practice
Eric Berg
Eric Berg

Eric Berg

Partner, Hong Kong, Singapore

T +852 2822 8718 / +852 2822 8700

T +65 6347 1336 / +65 6225 6000

E eberg@whitecase.com

in LinkedIn profile

Among the world’s leading banking and finance lawyers, Eric has been “singled out for his stellar expertise in this field”.

Chambers Global 2013

Overview

Eric Berg is White & Case's Head of Asia, and Head of the Firm's Global Banking Practice, a group comprising more than 230 lawyers in 23 offices worldwide.

Eric's practice covers a broad range of finance matters, with a particular focus on the representation of lenders, sponsors and corporate borrowers in complex domestic and international finance transactions. Clients value the clear advice he offers in difficult situations. His legal and business advice is informed by more than three decades of experience advising on landmark deals which have impacted the development of the leveraged finance market.

Eric has extensive experience in hostile takeovers, as well as in negotiated public and private acquisitions, leveraged buyouts and recapitalizations. He also regularly leads asset-based, investment and near-investment-grade finance deals, and has handled a wide variety of workout and restructuring transactions.

He advises on all aspects of the structuring, negotiation and documentation of deals, including the structuring of financings to take into account the legal requirements of the relevant jurisdictions, and to maximize tax efficiencies in cross-border transactions. Clients also benefit from his experience in the negotiation of intercreditor relationships and compliance with margin regulations.

For many years, clients have sought Eric's counsel as one of the preeminent lawyers in the banking field, a position recognized in leading guides to the profession, including Chambers USA, Chambers Global, The Legal 500 US and The Best of the Best USA. He currently serves as a member of the Firm's Strategic Growth Council and Global Clients Council, and previously served on the Firm's Management Board.

Bars and Courts

  • Registered Foreign Lawyer, The Law Society of Hong Kong
  • New York State Bar

Education

  • JD, Cornell University Law School
  • BA, Accounting, Muhlenberg College

Languages

  • English

Experience

Financing Dynegy's acquisition of power plants from Duke Energy and Energy Capital Partners, 2015

Representation of Dynegy Inc., the third-largest independent power producer in the US, in the financing of its US$6.25 billion acquisition of power plants from Duke Energy Corporation and private equity firm Energy Capital Partners. The financing included proceeds from a US$5.1 billion high yield notes issuance, which won International Financing Review's 2014 North America High Yield Bond of the Year award, as well as a revolving loan, a US$722 million common stock offering, and a US$388 million SEC-registered public offering of mandatory convertible preferred stock. The acquisitions will almost double Dynegy's generating capacity shortly after emerging from bankruptcy protection. Eric also advised Dynegy on the innovative refinancing and restructuring of over US$6 billion of debt and obligations, which was completed through a chapter 11 plan in the Southern District of New York. In addition, he advised Dynegy as borrower, on a separate refinancing comprised of US$1.3 billion senior secured term loans and a US$475 million senior secured revolving loan.

Financing the acquisition of Cadence Pharmaceuticals, Inc., 2014

Representation of Deutsche Bank Securities Inc. as joint lead arranger and joint bookrunner, and Deutsche Bank AG New York Branch as administrative agent, collateral agent and issuing bank, in the provision of US$1.55 billion in senior secured credit facilities to finance the acquisition of Cadence Pharmaceuticals, Inc., by a subsidiary of Mallinckrodt plc. The financing consisted of a US$1.3 billion senior secured term loan facility and a US$250 million senior secured multi-currency revolving credit facility. and was secured by collateral in the United States, Ireland, Luxembourg and Switzerland.

Financing the acquisition of Paladin Labs Inc., 2014

Representation of Deutsche Bank AG New York Branch as lead arranger, administrative agent, collateral agent, issuing bank and swingline lender in a US$1.1 billion senior secured term loan 'A' facility, a US$425 million senior secured term loan 'B' facility and a US$750 million senior secured revolving credit facility provided to Endo Luxembourg Finance Company I S.a r.l. and Endo LLC, both wholly-owned subsidiaries of Endo International Plc. The financing supported the approximately US$1.6 billion acquisition by Endo Health Solutions Inc. (NASDAQ: ENDP) of Paladin Labs Inc. (TMX: PLB), a Canadian specialty pharmaceutical company, as well as a concurrent restructuring of the newly consolidated Endo corporate group, and the refinancing of certain existing indebtedness, among other things.

Financing the acquisition of Red Lobster by Golden Gate Capital, 2014

Representation of Deutsche Bank AG New York Branch as administrative agent and collateral trustee, and Deutsche Bank Securities Inc. as joint lead arranger and joint bookrunner, in the financing of the acquisition by Golden Gate Capital and its affiliates of Red Lobster Management LLC, an American casual dining restaurant chain headquartered in Orlando, Florida. The financing consisted of a US$380 million senior secured term loan and a US$50 million senior secured revolving credit facility.

Financing of three accommodation and construction support or tender support operations vessels, 2014

Representation of Deutsche Bank Securities Inc. and Merrill Lynch, Pierce and Fenner & Smith Incorporated as joint lead arrangers, in the arrangement of a US$650 million senior secured term loan to Floatel International Ltd., an exempted company organized under the laws of Bermuda, and Floatel Delaware LLC, a Delaware limited liability company, as co-borrowers. The proceeds of the term loans were used to repay existing debt secured by three accommodation and construction support or tender support operations vessels flagged in Bermuda, and for general corporate purposes of the co-borrowers and their subsidiaries.

Awards & Recognition

Leading Lawyer (Band 1), Chambers USA 2014

Banking & Finance – Nationwide

Leading Lawyer (Band 1), Chambers Global 2014

Banking & Finance – USA

Leading Lawyer (Tier 1), The Legal 500 US 2014

Finance – Bank lending – USA