Howard A. Kenny

Howard has represented a large number of public and private companies, both US and foreign, in connection with debt offerings of all types, including high-yield debt, convertible debt, and commercial paper.

He also acts as securities disclosure and corporate governance counsel to publicly traded companies. In addition, he advises non-US companies on securities regulation and stock exchange listings in the United States.

Various Corporate Matters Including SPAC Related Transactions

• 23andMe Inc., – 2021 agreement to merge with VG Acquisition Corp. (VGAC), a SPAC sponsored by Virgin Group
• FTAC Olympus Acquisition Corp. – 2021 agreement and plan of reorganization with Payoneer Inc.
• Smart & Final – 2019 acquisition by funds managed by affiliates of Apollo Global Management
• Dr Pepper Snapple Group – 2018 combination with Keurig Green Mountain
• Hostess Brands – 2016 combination with Gores Holdings
• The Fresh Market – 2016 acquisition by funds managed by affiliates of Apollo Global Management
• The New York Times Company’s purchases and sales of various newspaper, broadcast, internet, and other properties, including the 2022 acquisition of The Athletic, the 2017 sale of its interest in Donohue Malbaie, the 2013 sale of The Boston Globe, the 2012 sales of its Regional Media Group and About Group and its equity investment in the Boston Red Sox
• Leading European food company’s establishment of its manufacturing and distribution operations in the United States
• Sponsored ADR programs for several European issuers
• Ongoing pro bono representation of The Veterans of the Seventh Regiment of New York, and Calvert Impact Capital, Inc.

Capital Raisings

• Cantor Fitzgerald – senior notes (2019, 2015 and 2010)
• Newmark Group – senior notes (2019)
• Hostess Brands – secondary common stock offerings (2019 and 2017)
• BGC Partners – senior and convertible notes (2018, 2016, 2014, 2012, 2010)
• Boot Barn – secondary common stock offerings (2018)
• The Ford Foundation – senior notes (2017)
• Cooke Omega – high yield notes (2017)
• Rexnord Corporation – high yield notes (2017) and mandatory convertible preferred stock (2016)
• Tempur Sealy International –  high yield notes (2016)
• BrightSphere Investment Group – senior notes (2016)
• Convertible note offerings by issuers in the life sciences industry (2016, 2013)
• Sprouts Farmers Market – IPO (2013) and secondary common stock offerings (2013–2015)
• High yield note offerings by CKE Restaurants and Claire’s Stores (portfolio companies of funds managed by affiliates of Apollo Global Management) (2010-2013)
• The New York Times Company – private placement of notes and warrants to affiliates of Carlos Slim Helù (2009); high yield notes (2010)
• Pearson plc – offerings of more than $4.0 billion of senior notes from 2001
• Jefferies Group – offerings of more than $5.5 billion of senior notes, convertible notes and common stock from 2002
• Private placements of senior notes to insurance company investors by client in the food industry (2011-2019)