Anne I. Bandes

New Money Debt Financings and Private Placements

• Represented Ares Capital Corporation as administrative agent and collateral agent in connection with a $450 million senior secured credit facility to LivaNova USA, Inc., a wholly owned US subsidiary of LivaNova PLC, a publicly traded, worldwide leader (with a presence in more than 100 countries across Europe, North America, South America, and Asia) in cardiovascular and neuromodulation solutions that provides products and therapies through innovative medical technologies.
• Represented Capitala Group LLC, a $2 billion asset management firm, in its capacity as a bridge lender in an acquisition of a telecommunications company owned by the municipality of Bristol, Virginia.
• Represented Bank of America, as administrative agent, and Merrill Lynch, Pierce, Fenner & Smith, as left lead arranger, in a $3 billion multicurrency syndicated financing for Equinix Inc. The credit facilities include a $2 billion multicurrency revolving credit facility, a 500 million British pound ($677.1 million) term loan facility, and a 2.8 billion Swedish krona ($344 million) term loan facility. Equinix is the leading global interconnection platform, connecting companies through its IBX data centers and the provision of related services. 
• Represented a nationally known hedge fund in negotiating an $80 million cross-border second lien credit facility, secured and guaranteed by affiliates in the US, Northern Ireland, the Caymans, Luxembourg, the Netherlands, Ireland, the UK, and Spain, to an American company that owns and operates temperature-controlled warehouse and distribution space worldwide.
• Represented Ares Capital Corporation as sole lead arranger and bookrunner and as administrative agent and collateral agent in cross-border $132 million first lien credit facilities and $41 million second lien credit facilities to a software developer for concrete mixing services, the proceeds of which were used to refinance existing debt. The equity sponsor was Quilvest Private Equity.
• Represented Calvert Social Investment Foundation Inc. on a pro bono basis in its $10 million credit facility to ALCB Fund, a Mauritius fund that invests in and provides technical assistance for local currency bond issuances by financial service providers and companies operating in the developmental sectors in African countries.
• Represented OpenGate Capital, a Los Angeles-based private equity firm, in its acquisition of Hufcor Inc. and Rock Valley Trucking Co. Inc., a division of Hufcor, the leading operable partition manufacturer in the US, with dedicated manufacturing facilities also in Australia, New Zealand, Germany, China, and Malaysia.
• Represented Bank of America as administrative agent and Merrill Lynch, Pierce Fenner & Smith Inc. as lead arranger and sole bookrunner in a $685 million senior secured revolving credit financing for Container Leasing International LLC, a leading global container lessor that also does business under the names SeaCube Container Leasing and Carlisle Leasing. 
• Represented Ferroglobe PLC, Globe Specialty Metals Inc., and some of their subsidiaries as special counsel in a third amendment to their secured $200 million multi-currency revolving credit agreement led by Citizens Bank, and as local counsel in their issuance of $350 million in senior notes. 
• Represented a group of institutional investors in their purchase of $175 million in senior notes issued by Controladora Mabe SA de CV, a Mexican-owned-and-based global company that designs, produces, and distributes appliances to more than 70 countries around the world. 
• Represented Bank of America as administrative agent for a syndicate of lenders in a $55 million senior secured credit facility to B&W Group Ltd., a British audio technology company, and certain of its subsidiaries.
• Represented group of institutional investors in connection with a $548 million issuance of senior secured notes by a privately owned operator of student housing at a state university system.
• Represented PennyMac Financial Services Inc., a leading mortgage lending and servicing company, in connection with a $150 million secured revolving credit facility from a syndicate of lenders led by Credit Suisse for working capital purposes.
• Represented hedge funds in the purchase and restructuring of distressed debt.
• Represented the New England Patriots in connection with the development and financing of the new NFL Stadium and Patriot Place.
• Represented group of institutional investors in connection with a $132 million issuance of senior secured notes by a privately owned fruit and vegetable producer and distributor in Mexico.
• Represented on a pro bono basis Habitat for Humanity International in the creation of the MicroBuild Fund and related financings.
• Represented Jewish Vocational Services (JVS), one of Greater Boston's largest community-based workforce development and adult education providers, in the creation of its Pay for Success (PFS) initiative to help limited English speakers in Greater Boston make successful transitions to employment, higher-wage jobs, and higher education.

Workouts, Restructurings, Bankruptcies, DIP Financings, and Exit Financings

• Represented client Bank of America as administrative agent for a $900 million unsecured credit facility in connection with a complex restructuring of Tidewater Inc. and its subsidiaries through a prepackaged bankruptcy. Tidewater Inc. is a provider of offshore vessels to the global energy industry.
• Represented Ares Commercial Finance in a $45 million secured asset-based credit facility, consisting of term and revolver loans, facilitating Nuverra Environmental Solutions Inc.'s emergence from Chapter 11 bankruptcy pursuant to a reorganization plan approved by the US Bankruptcy Court for the District of Delaware. 
• Represented DIP Lender Group in the bankruptcy case of ATP Oil & Gas Corporation, a company engaged in the acquisition, development and production of offshore natural gas and oil properties, primarily in the Gulf of Mexico. 
• Represented a group of lenders in an out-of-court debt restructuring and recapitalization of a Puerto Rican health insurance provider.
• Represented creditor and potential investor and debtor in possession and exit lender in connection with LightSquared Inc.’s (and subsidiaries) Chapter 11 Cases filed in the Southern District of NY.
• 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.