Representative Experience

Debt Financing Transactions

• Representation on multiple mezzanine financings of oil and gas exploration companies with committed amounts ranging from $5 million to $40 million in the US, Canada, France, and Colombia
• Representation as an administrative agent in the negotiation and execution of a revolving credit agreement and security documents with an oil and gas exploration company
• Representation as a syndicate lender in lending syndicates in the negotiation and execution of credit agreements and security documents
• Representation on a solar EPC construction financing
• Representation of the operating company of a master limited partnership in the entering into of a revolving, term, and swingline loan credit agreement with total commitments of $800 million, including assisting in the drafting and negotiation of the credit agreement and other documents

Equity Transactions

• Representation in various equity investments in both the public and private markets domestically and in Canada
• Representation of a private company in obtaining $60 million in equity financing from an investment bank
• Representation of a private equity fund in providing up to $100 million in equity financing to a start-up clean tech company

Mergers and Acquisitions Transactions

• Representation of a private equity fund in its acquisition of wind power generation assets from a distressed Australian investment bank
• Representation of an investment bank in its lease of certain U.S. syncoal assets to generate tax credits
• Representation of the partners of a limited partnership in the sale of their partnership interests in a fuel storage business to a private equity fund for $165 million, including assisting in the drafting of the purchase and sale agreement and various ancillary documents
• Representation of a public company in the sale and contribution of certain assets valued at approximately $100 million to its publicly held master limited partnership, including assisting in negotiating and drafting the asset purchase agreement, the contribution agreement, and various other documents
• Representation of a private equity fund in the review of documentation related to an investment in a coal mine

Oil and Gas Transactions

• Represented a major oil company in $10.5 billion share purchase with BHP Billiton pursuant to which the oil company agreed to acquire substantially all of BHP Billiton’s onshore US oil and gas properties
• Representation of a large upstream oil and gas corporation in bids for oil and gas assets
• Representation of a large international company in its purchase of U.S. shale assets
• Representation of multiple investment banks in the purchase of volumetric production payments from a large E&P company, including reviewing title opinions, farm-out agreements and leases and negotiating, drafting, or reviewing purchase and sale agreements, conveyances, mortgages, and gas and oil sales agreements
• Representation of bidders on oil and gas interests in the bid sales of such interests, including reviewing joint operating agreements and purchase and sale agreements
• Representation of the buyer of oil and gas interests, including negotiating, drafting, or reviewing the purchase and sale agreement, conveyance, and other ancillary documents
• Representation of the buyer in the purchase of gas interests and contribution of those interests to a newly formed limited liability company for a total transaction value of $262 million, including assisting in the drafting of the contribution agreement, the limited liability company agreement, the purchase and sale agreement, various amendments to the aforementioned documents, and other documents
• Representation of the owner of Gulf of Mexico gas interests in the bid sale of such interests, including drafting the purchase and sale agreement
• Representation of the owner of oil and gas interests in the sale of those oil and gas interests to a private equity fund, including negotiating and drafting the purchase agreement, and other documents
• Representation of the owner of Gulf of Mexico gas interests in assisting in negotiating and drafting a participation agreement
• Representation of a drilling fund in assisting in negotiating and drafting a joint development agreement

Hedging Transactions

• Representation of the hedge provider in the hedging of power produced at power generating stations, including negotiating, drafting, and reviewing ISDA master agreements, schedules, annexes, and related documentation
• Representation of a potential hedge provider in the entering into of a credit agreement that would govern hedging relationships

*These matters were handled prior to joining Foley.