Amy L. Kyle represents leading financial institutions in connection with a broad range of finance-related matters, with a particular focus on the transportation industry. She acts as lead agent’s counsel in syndicated financings for companies that operate in all modes of transportation, lease transportation equipment, or engage in international and domestic shipping. Amy’s experience also includes Agent and creditor group representations in debtor in possession and special situations financing arrangements, especially in the transportation and energy industries.
Amy’s representation of agents, arrangers, and lenders in syndicated finance transactions spans a wide range of industries and types of transactions, from highly leveraged secured deals to high-grade credits and from transportation to technology, energy, and general industrial. Amy often represents agents and other creditors in workouts and restructurings, both in and out of court. Her experience extends to debtor-in-possession financing, exit financing, and sales under section 363 of the Bankruptcy Code as well as rescue financing and special situations lending. Recent examples include the bankruptcies of Tidewater Inc., Energy Futures Holdings, ATP Oil & Gas, TBS Shipping, Visteon, and Pacific Energy.
Her international assignments include numerous cross-border financing transactions, as well as private equity investments by both US and non-US clients and restructuring transactions, particularly in Europe and Latin America.
Before joining Morgan Lewis, Amy was a partner and co-chair of the transactional finance practice at another international law firm, where she was also a member of the firm’s diversity executive committee and practice committee.
Note: This list includes engagements completed prior to joining Morgan Lewis.
New Money Debt Financings
Represented Bank of America, N.A. as book-running lead arranger, administrative agent, and letter of credit issuer in a credit agreement that amended and restated a $1.125 billion revolving credit facility for Triton Container International Ltd. and created a separate and new revolving credit facility for TAL International Container Corp. Closed May, 2019.
Represented Bank of America, N.A. as administrative agent and bookrunning lead arranger in a $750 million senior secured amended and extended revolving credit facility for Container Leasing International LLC, which does business as SeaCube Container Leasing (as well as Carlisle Leasing and Seacastle Container). Closed April, 2019.
Represented Bank of America, N.A. as administrative agent in a $125 million credit facility in connection with the combination of two international law firms. Closed November, 2018.
Represented Bank of America, N.A. as administrative agent in a $150 million credit facility to a major audio technology manufacturer. Closed December, 2016.
Represented Bank of America, N.A. as administrative agent in an amended and restated $350 million credit facility to an international consulting company. Amended and increased December, 2018.
Represented Suntrust Bank as syndication agent, Suntrust Robinson Humphries as joint lead arranger and Bank of America, N.A. as administrative agent in connection with $745 million amended and restated revolving credit and term loan facility for Ingram Industries Inc. Closed March 2018.
Represented Bank of America as administrative agent and Merrill Lynch, Pierce, Fenner & Smith as lead arranger in the approximately $3 billion multicurrency senior secured revolving credit and term loan facilities for Equinix, Inc., the leading global interconnection platform, connecting companies through its IBX data centers and the provision of related services. Closed December 2017.
Represented Bank of America, N.A. as administrative agent and Merrill Lynch Pierce Fenner & Smith as lead arranger in $600 million syndicated senior secured revolving credit facility for Moran Towing Corporation. Amended and extended February, 2019.
Represented Bank of America, N.A. as administrative agent and Merrill Lynch Pierce Fenner & Smith as lead arranger in $550 million Senior Secured Revolving Credit Facility for CF Leasing, Ltd. and Cronos Holding Company Ltd., major intermodal container lessors. Closed June, 2013; amended July, 2018.
Represented Bank of America, N.A. as administrative agent and Merrill Lynch Pierce Fenner & Smith as lead arranger in $1.1 billion Senior Secured Revolving Credit Facility for CAI International and Container Applications Limited, a major intermodal container leasing group. Closed March, 2013; amended, extended, and increased June, 2018..
Represented US Bank as administrative agent and left lead arranger in two revolving credit facilities, each in the amount of $500 million, for The TJX Companies, the leading off-price retailer of apparel and home fashions in the United States and worldwide. Closed March, 2016; amended May, 2019.
Represented Bank of America as administrative agent and Merrill Lynch, Pierce, Fenner & Smith as co-lead arranger and sole book manager in the $900 million financing for Ryder System, Inc. and its subsidiaries in Canada, the UK and Puerto Rico. Closed June 2011, amended, extended and increased to $1.2 billion in January 2015.
Workouts, Restructurings, Bankruptcies, DIP Financings and Exit Financings
Sanchez Energy Corporation: Represent a working interest owner and contract counterparty in Sanchez Energy Corporation bankruptcy.
Templar Energy LLC: Represent administrative agent for a syndicate of lenders in the amendment and restructuring of a senior secured reserve-based credit facility to Templar Energy LLC.
Tidewater Inc.: Represented administrative agent for a lender group in a complex restructuring of Tidewater Inc. and its subsidiaries through a prepackaged bankruptcy.
ATP Oil & Gas Corporation: Represented a group of senior-secured first lien and DIP lenders in the bankruptcy case of ATP Oil & Gas Corporation.
Energy Futures Holdings Corp: Represented a significant prepetition creditor and the largest holder of Debtor in Possession Loans to EFIH in the Chapter 11 cases of EFH and its subsidiaries filed in District of Delaware.
LightSquared, Inc.: Represented creditor and potential investor and debtor in possession lender and exit lender in connection with LightSquared Inc.’s (and subsidiaries) Chapter 11 Cases filed in the Southern District of NY.
Credit-Based Asset Servicing and Securitization LLC: Represented major creditor holding repo, loan and derivative claims in the out of court restructuring and subsequent bankruptcy of Credit-Based Asset Servicing and Securitization LLC.
Delta Funding: Represented major creditor in connection with Delta Financial Corporation Chapter 11 case.
Pacific Energy Resources: Represented J Aron & Company as administrative agent and lender in the Chapter 11 proceedings of Pacific Energy Resources, a company that engages in the acquisition, exploitation, and development of oil and gas properties in the Western US.
RH Donnelley: Represented Deutsche Bank Trust Company Americas as administrative agent for secured lenders in restructuring and pre-arranged bankruptcy of RH Donnelley, Inc. (secured claims of lender group of approximately $1.45 billion).
TBS International PLC: Represented Bank of America as administrative agent for the major secured prepetition and debtor in possession lenders to TBS International PLC and its subsidiaries, an international shipping group, in a complex restructuring accomplished through a pre-packaged chapter 11 proceeding in the Southern District of New York Bankruptcy Court.
Visteon: Represented secured term lenders and administrative agent in bankruptcy of Visteon Corporation, a global automotive parts manufacturer, and affiliates. Lenders repaid in full in cash at exit.
Columbia University School of Law, 1983, Juris Doctor
Princeton University, 1980, Artis Baccalaureate
Registered Foreign Lawyer in England and Wales
Massachusetts Supreme Judicial Court
US Court of Appeals for the First Circuit
Awards and Affiliations
Recommended, Finance: Commercial lending: advice to lenders, The Legal 500 US (2019)
Ranked, Banking & Finance, Massachusetts, Chambers USA (2004–2019)
Top Women of Law, Massachusetts Lawyers Weekly (2018)
Recognized, Top Woman Lawyer, The Best Lawyers in America (2016, 2017)
Recognized, Banking and Finance Law, Boston; Equipment Finance Law, Boston, The Best Lawyers in America (2002–2015, 2017–2020)
Recognized, Massachusetts, Super Lawyers (2004–2017)
Recognized, Leading Dealmakers, Lawdragon 500 (2007)
Recognized, Leading Lawyers in America, Lawdragon 500 (2006)