Elizabeth J. Kirk
Elizabeth Kirk is a partner in the Firm's Bank Finance group in New York. Elizabeth advises commercial and investment banks, financial institutions, private equity sponsors, export credit agencies and borrowers in connection with secured and unsecured credit facilities, cross-border acquisition financings and general bank lending in a wide variety of industries, with a particular focus on the maritime and offshore sector. Elizabeth has also advised on several high-profile restructuring matters in the US and Europe.
Elizabeth spent eight months on secondment to the Global Loans Syndication team in the Shipping, Offshore & Oil Services group at Nordea Bank Norge ASA in Oslo and London and more than a year on secondment with the Firm's EMEA Bank Finance team based in London. Prior to joining White & Case in 2010, Elizabeth worked in the in-house legal department at the European Bank for Reconstruction and Development in London.
Representation of Deutsche Bank, as administrative agent , in connection with a US$1.49 billion term loan and revolving credit facilities extended to FinCo I LLC, a subsidiary of SoftBank Group Corp., to finance the acquisition of Fortress Investment Group LLC.
Representation of Deutsche Bank in connection with the €3.8 billion senior credit facilities for Fresenius SE & Co. KGaA.
Representation of the senior secured lender group to Ultrapetrol (Bahamas) Limited in connection with the out-of-court restructuring of its offshore supply vessel business, involving complex cross-border insolvency and security issues. This transaction was recognized as "Industrials Deal of the Year (over $250MM)" by The M&A Advisor in 2017.
Representation of the coordinating committee of senior secured lenders holding more than $6 billion of indebtedness in the restructuring of Seadrill Limited, the world's largest offshore oil drilling company.
Representation of Deutsche Bank AG New York Branch and Deutsche Bank Securities Inc., as Administrative Agent, Joint Lead Arranger and Joint Book Manager with respect to US$1.75 billion senior unsecured credit facilities provided to Colfax Corporation, an investment grade, NYSE-listed Delaware corporation, and a global leading diversified manufacturing and engineering company that provides air, gas and fluid handling and fabrication technology products and services. The purpose of the financing was to refinance the company's senior secured credit facilities. The senior unsecured credit facilities include a multicurrency revolving credit facility.
Representation of Nordea Bank Finland Plc, New York Branch, as facility agent, security agent and mandated lead arranger with respect to the financing of US$400 million term loan facility provided to Genco Shipping & Trading Limited to refinance existing debt on Genco's fleet of dry bulker vessels secured by six existing commercial bank facilities.
Representation of Macquarie Capital (USA) Inc, as lead arranger and bookrunner, and Macquarie Capital Funding LLC, as administrative and collateral agent, with respect to a first lien term loan and a second lien term loan provided to an affiliate of Siris Capital to finance the acquisition of Polycom, Inc.
Representation of Nordea Bank AB, New York Branch, as facility agent, security agent, global co-ordinator, and mandated lead arranger with respect to the financing of US$581 million term loan facility provided to a subsidiary of Gener8 Maritime, Inc. to refinance existing debt on the existing tanker fleet of General Maritime Corporation, which became Gener8 Maritime, Inc. following a transformative merger with Navig8 Crude Tankers Inc. and IPO during the summer of 2015. Other representations involving Gener8 Maritime include representation of Nordea, as facility agent in connection with KEXIM, K-Sure and CEXIM-backed financings of up to an aggregate of $1223.3 million term loans to part-finance the acquisition of new build "eco" VLCCs under construction in Korea, China and the Philippines. The ECA components of this transaction won the Marine Money 'Export Credit Agency Deals of the Year' Award 2016.
Representation of a group of lenders on the debt financing aspects of the US$1.4 billion restructuring of Danish shipping company TORM A/S by way of an English scheme of arrangement. This transaction won the Marine Money 'Restructuring Deal of the Year' Award 2016.
Representation of Nordea Bank Finland Plc, New York Branch, as administrative agent, collateral agent and lead arranger with respect to the financing of US$250 million term loan facility provided to a subsidiary of Helix Energy Solutions Group to part-finance the acquisition of the m.v. "Q5000" a second-generation semi-submersible well intervention vessel.
Credit Information Reporting Systems, European Bank for Reconstruction and Development's Law in Transition, pp. 4–21, May 2012, (co-author with Frederique Dahan)
Debt Enforcement in Insolvency, European Bank for Reconstruction and Development's Law in Transition, pp. 58–65, May 2010, (co-author with Frederique Dahan)