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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 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 administrative agent and Merrill Lynch Pierce Fenner & Smith as joint lead arranger and bookrunner in connection with $700 million amended and restated multicurrency revolving credit facility for Hasbro, Inc. and Hasbro SA. Closed March 2015.
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 $500 million amended and restated revolving credit and term loan facility for Ingram Industries Inc. Closed September 2012.
Represented J.P. Morgan Europe Limited as administrative agent and J.P. Morgan Securities LLC as joint lead arranger for £95 million GBP revolving credit facility for Sherwin-Williams Luxembourg S.A.R.L. and guaranteed by The Sherwin-Williams Company. Closed September 2012.
Represented Bank of America as administrative agent and Merrill Lynch, Pierce, Fenner & Smith as lead arranger in the $1.5 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 2014.
Represented Bank of America, N.A. as administrative agent and Merrill Lynch Pierce Fenner & Smith as lead arranger in $450 million syndicate senior secured revolving credit facility for Moran Towing Corporation. Closed June 2014.
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.
Represented Bank of America, N.A. as administrative agent and Merrill Lynch Pierce Fenner & Smith as lead arranger in $760 million Senior Secured Revolving Credit Facility for CAI International and Container Applications Limited, a major intermodal container leasing group. Closed March, 2013.
Represented RBS Citizens, N.A. as administrative agent and co-lead arranger in connection with $500 million revolving credit facility for The TJX Companies, Inc. Closed May 2012.
Represented Bank of Tokyo Mitsubishi as administrative agent, joint lead arranger and book runner in £165 million GBP financing for European finance subsidiary of Ryder System, Inc. Closed September 2011.
Represented Bank of America as administrative agent and Merrill Lynch, Pierce, Fenner & Smith as co-lead arranger and sole book manager in $750 million revolving credit and term loan facility for Genesee and Wyoming, Inc. and its subsidiaries in Canada, the Netherlands and Australia. This senior financing of a short line and regional freight railroad owner and operator, which operates 65 railroads in the US, Canada, Australia, the Netherlands and Belgium, provided financing for acquisitions and ongoing operations locally in each of the jurisdictions. Closed July 2011.
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.
Represented Bank of America as administrative agent and Merrill Lynch Pierce Fenner & Smith as co-lead arranger and sole book manager in $500 million financing for Cushman and Wakefield, Inc. and its subsidiaries in the US, UK, Ireland, Australia and Hong Kong. Closed June 2011.
Represented Bank of America as administrative agent and Merrill Lynch, Pierce Fenner & Smith as co-lead arranger and sole book manager in connection with a $575 million financing for Tidewater Inc. and certain subsidiaries. Closed January 2011.
Represented Bank of America, N.A. as administrative agent and Merrill Lynch Pierce Fenner & Smith as joint lead arranger in connection with $1 billion multicurrency revolving credit facility for Staples, Inc. Closed November 2010.
Represented Tempur-Pedic International Inc. and certain of its subsidiaries as borrowers in financing arrangements aggregating $2.12 billion, consisting of a $1.77 billion senior secured revolving credit and term loan facility and $350 million senior notes offering to finance Tempur-Pedic’s acquisition of Sealy Corporation and its subsidiaries.
Workouts, Restructurings, Bankruptcies, DIP Financings and Exit Financings
ATP Oil & Gas Corporation: Represented a group of senior-secured first lien and DIP lenders in the bankruptcy case of ATP Oil & Gas Corporation, filed in the Southern District of Texas in August 2012.
Energy Futures Holdings Corp: Represent a significant prepaition 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 on April 29, 2014.
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. Bankruptcy filed November 2010.
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). Exited bankruptcy in January 2011.
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. The plan of reorganization provided for a restructuring of the credit facilities, which was approved by the court on March 29 and TBS Shipping exited from bankruptcy on April 12, 2012.
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 in April 2011.
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 (2004–2015)
Recognized, Leading Dealmakers, Lawdragon 500 (2007)
Recognized, Leading Lawyers in America, Lawdragon 500 (2006)
Member, American Bar Association
Member, Boston Bar Association
Editor, Transnational Law Journal
Harlan Fiske Stone Scholar
Registered Foreign Lawyer in England and Wales
Massachusetts Supreme Judicial Court
US Court of Appeals for the First Circuit
Columbia University School of Law, 1983, Juris Doctor