Daniel Nam is a partner in the New York office of White & Case LLP, and a member of the Firm's Debt Finance and Capital Markets practices. Daniel's practice focuses on corporate finance transactions and general securities and corporate matters.
Daniel offers the benefit of considerable experience representing investment banks, issuers and financial sponsors in both public and private financing transactions, including high-yield debt, equity and equity-linked securities offerings, in a wide range of business sectors. He also has extensive experience representing clients in connection with bridge financing commitments, debt tender offers, exchange offers and consent solicitations. In addition, he counsels clients on general securities and corporate matters, such as ongoing disclosure obligations and corporate governance issues. Daniel also has market leading experience in the ESG space, having been the lead partner on two of the largest sustainability-linked bonds issued by non-investment grade issuers and several other ESG offerings.
In addition to his domestic practice, Daniel regularly represents the Firm's international clients in connection with financing transactions, particularly clients with substantial operations in Latin America.
Representation of JetBlue Airways Corporation in connection with its US$3.5 billion senior secured bridge loan commitment in support of its acquisition of Spirit Airlines, the Florida-based ultra-low-cost carrier. The lead arrangers of the bridge loan commitments are Goldman Sachs Bank and Bank of America. Spirit had previously agreed to be acquired by Frontier Airlines when JetBlue made an unsolicited "topping bid" which was initially rejected by Spirit's board. This necessitated JetBlue taking the unconventional approach of launching a hostile tender offer in order to make its offer available directly to Spirit's shareholders, which led to Frontier's offer being rejected by Spirit's shareholders and eventual acceptance by Spirit's board of JetBlue's offer. The hostile tender offer was fully backstopped by a bridge loan commitment by the banks, which was also negotiated by the Firm.
Represented Constellation Oil Services Holding S.A., a provider of oil and gas contract drilling and production services with most of its operations in Brazil, in the restructuring of its US$1.8 billion indebtedness, including New York law governed bonds, project financing loans, and working capital facilities. The global team at White & Case negotiated a plan support agreement with substantially all of the company's creditors and its shareholders and coordinated the successful emergence from bankruptcy based on the restructuring plan approved in the Brazilian proceeding (recuperação judicial) and the related U.S. Chapter 15 orders.
Representation of Stone Point Capital LLC, as sponsor, and Alliant Holdings Intermediate, LLC and Alliant Holdings Co-Issuer, Inc., as issuers, on their offering of (i) US$225 million aggregate principal amount of additional 4.250% senior secured notes due 2027 and (ii) US$450 million aggregate principal amount of 5.875% senior notes due 2029. The additional senior secured notes is a further issuance of Alliant's existing senior secured notes and after completion of the offering, the aggregate principal amount of senior secured notes is US$750 million. The proceeds of the notes were used, together with Alliant's incurrence of US$725 million of incremental term loans due 2027, to make a US$1.4 billion dividend to Alliant's equity holders. White & Case also represented Alliant in connection with the incremental term loans and a consent solicitation relating to Alliant's existing preferred stock in order to permit the incurrence of debt and the dividend.
Representation of Credit Suisse Securities (USA) LLC and Morgan Stanley & Co. LLC, as bookrunners and initial purchasers, in connection with Cano Health, LLC's (the "Company") inaugural high yield debt issuance. The Company, one of the largest independent primary care physician groups in the United States, issued US$300 million of 6.250% senior notes due 2028, which are guaranteed by its direct parent company and certain of its subsidiaries. The Company's ultimate parent, Cano Health, Inc. (CANO), is listed on NYSE following its SPAC merger in June 2021. White & Case also represented Credit Suisse and Morgan Stanley, as lenders, under the Company's concurrent US$100 million incremental term loan.
Representation of Pilgrim's Pride Corporation (PPC) in connection with the Rule 144A/Regulation S offering of US$900 million aggregate principal amount of 3.500% Senior Notes due 2032. PPC, based in Greeley, Colorado, is one of the largest chicken producers in the world, with operations in the U.S., Mexico, Puerto Rico, the United Kingdom and Europe. The proceeds from the Notes offering were used primarily to finance the acquisition of the Meats and Meals businesses of Kerry Consumer Foods in the United Kingdom and Ireland and to pay related fees and expenses.
Representation of NOVA Chemicals Corporation ("NOVA Chemicals") in connection with its Rule 144A/Reg S offering of $575 million in aggregate principal amount of 4.250% Senior Notes due 2029, along with a tender offer, consent solicitation and subsequent redemption in full of NOVA Chemicals' existing 5.250% Notes due 2023. NOVA Chemicals produces and sells plastics and chemicals, specifically, ethylene, polyethylene and co-products, which are found in a wide range of products, from every day, consumer-oriented items such as food and beverage packaging, consumer electronics packaging, trash bags and toys, to industrial materials including storage drums, agricultural tanks and building and construction materials. NOVA Chemicals is a wholly owned subsidiary of Mubadala Investment Company PJSC of the Emirate of Abu Dhabi, United Arab Emirates, which, in turn is wholly owned by the government of Abu Dhabi.
Represented Brundage-Bone Concrete Pumping Holdings Inc., a Delaware corporation and a wholly-owned subsidiary of Concrete Pumping Holdings, Inc., as the issuer in a private offering of US$375.0 million in aggregate principal amount of its 6.000% senior secured second lien notes due 2026. The Notes and the guarantees will be secured on a second-priority basis by all the assets of the issuer and guarantors that secure the obligations under the ABL Facility. The Notes were sold to qualified institutional buyers in accordance with Rule 144A under the Securities Act of 1933, as amended, and outside the United States in accordance with Regulation S under the Securities Act.
JBS USA Lux S.A., JBS USA Food Company and JBS USA Finance, Inc., as issuers, in the sale by the Issuers of US$1 billion in aggregate principal amount of 3.000% Sustainability-Linked Senior Notes due 2032 (the "Notes"). The notes are aligned with JBS USA's ambition to achieve net-zero greenhouse gas emissions by 2040 and its commitment to reduce greenhouse gas emissions in its operations by 30% by 2030. The joint book-running managers include RBC Capital Markets, LLC, Barclays Capital Inc., BMO Capital Markets Corp., Mizuho Securities USA LLC, Truist Securities, Inc., Rabo Securities USA, Inc. and Regions Securities LLC. BMO Capital Markets Corp. acted as sustainability structuring agent.
Represented IRB Holding Corp. (the "Issuer"), an indirect, wholly-owned subsidiary of Inspire Brands, Inc. ("Inspire Brands"), in its offering of US$750 million in aggregate principal amount of 7.000% first lien senior secured notes due 2025. Inspire Brands is a portfolio company of Roark Capital. The aggregate principal amount of the Notes offered was increase from US$500 million. Inspire Brands is a multi-branded restaurant company whose current portfolio includes more than 11,100 Arby's, Buffalo Wild Wings, SONIC Drive-In, Rusty Taco and Jimmy John's Sandwiches locations across all 50 U.S. states and 15 countries.
Representation of Buckeye Partners, L.P. as issuer on its solicitation of consents from the holders of US$2.65 billion of its registered notes to substantially conform the reporting covenant in such registered notes indentures to the reporting covenant contained in Buckeye's indenture governing its new US$500 million aggregate principal amount of 4.125% senior notes due 2025 and US$500 million aggregate principal amount of 4.500% senior notes due 2028. This consent solicitation follows White & Case's representation of Buckeye in connection with its inaugural issuance of high yield notes (the 2025 notes and 2028 notes) and White & Case's representation of IFM Global Infrastructure Fund, Buckeye's parent company, in 2019 in connection with its US$10 billion acquisition of Buckeye and the financing thereof.
Recommended Lawyer, The Legal 500, 2022 - Capital Markets: High-Yield debt offerings