Transportation

We represent a wide cross-section of the transportation industry, including passenger and freight rail, passenger and freight shipping lines, trucking companies, limousine fleets, highway service operators, and private equity funds and other investors in the industry.

We represent a wide cross-section of the transportation industry, including passenger and freight rail, passenger and freight shipping lines, trucking companies, limousine fleets, highway service operators, and private equity funds and other investors in the industry.

Business Reorganization and Restructuring

  • Black Diamond Capital: Represented Black Diamond Capital, a majority first lien lender, as a provider of DIP financing in the bankruptcy cases of Performance Transportation Services, Inc. and its affiliated debtors. Such cases involve complicated union, pension and other issues. In early October 2011, Black Diamond and the PTS Chapter 7 trustee entered into a comprehensive global settlement of all claims and disputes relating to these cases, including the settlement of four separate adversary proceedings commenced by the chapter 7 trustee against Black Diamond and all other first lien lenders.

    Carey Limousine L.A., Inc.: Represented the U.S. subsidiary of one of the world’s leading providers of chauffeured transportation services in its chapter 11 case. We assisted Carey in the negotiation and documentation of a plan of reorganization that incorporated a settlement of material litigation and was accepted by 100 percent of every voting class of creditors.

    Rural/Metro Corporation: Represented ambulance company Rural/Metro Corporation, a Warburg Pincus portfolio company, and 65 of its affiliates, in expedited negotiations with its senior lenders and noteholders that led to the confirmation of their prenegotiated chapter 11 plan of reorganization less than five months after its chapter 11 filing.

    Teamsters National Freight Industry Negotiating Committee (TNFINC)/YRC Worldwide, Inc.: Represented TNFINC of the International Brotherhood of Teamsters in the out-of-court restructuring of YRC Worldwide, Inc., a leading provider of transportation and global logistics services. The restructuring enabled the company to preserve jobs for 25,000 Teamster employees and resulted in Teamster employees holding a 25 percent ownership stake in the company.

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Capital Markets

  • CMA CGM: Advised CMA CGM, the world’s third-largest container shipping company, in the successful closing of its 144A and Regulation S offering of $945 million of senior notes. This issuance was upsized from $800 million to accommodate high demand.

    CMA CGM: Represented CMA CGM in its exchange offer of two tranches of high yield bonds (Luxembourg Stock Exchange) in 2011 and in connection with a consent solicitation in 2009.

    Faiveley Transport: Represented Faiveley Transport, leading worldwide supplier of high-tech components for rail systems in the following transactions:

    • a €350 million refinancing facility, consisting of a five-year, amortizing loan of €225 million and a multi-currency revolving facility of €125 million.
    • a $75 million bond issue through a private placement comprised of two tranches: a $30 million tranche with a 10-year final maturity, redeemable between 2017 and 2022; and a $45 million tranche of bullet loans with a 10-year maturity.

    Platinum Equity and SPL Logistics Escrow, LLC and SPL Logistics Finance Corporation: Represented Platinum Equity and SPL Logistics Escrow, LLC and SPL Logistics Finance Corporation in connection with the offering of $450 million in senior secured notes. The proceeds of the offering by the SPL entities were used, together with a cash equity investment by Platinum, to purchase a 65 percent interest by Platinum in the third-party logistics services business of Caterpillar, Inc. Caterpillar retained a 35% interest in the business. At closing, SPL Logistics Escrow merged with and into Caterpillar Logistics Services LLC and a $60 million revolving credit facility was put in place.

    TUI AG: Represented TUI, the German multinational travel and tourism company, on its convertible bond issue, placed by HVB, Citi and Deutsche Bank.

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Mergers & Acquisitions, PE & VC Investments, Joint Ventures and Other Business Combinations

  • BMO Capital Markets/Hennessy Capital/School Bus Holdings: Represented BMO Capital Markets as the financial advisor of Hennessy Capital Acquisition Corp., in its acquisition of School Bus Holdings, Inc., an indirect parent company of Blue Bird Corporation.

    Butler Capital/Mory and Sernam: Represented Butler Capital in connection with asset dispositions relating to logistics providers Mory and Sernam.

    Captain Train/Trainline: Represented Captain Train in its acquisition by KKR portfolio company Trainline, combining the #1 independent rail ticket retailers in the UK and Continental Europe.

    CEPL/ID Logistics: Advised CEPL shareholder Arcapita in the contemplated restructuring and subsequent sale of CEPL to ID Logistics.

    CMA CGM/FSI: Advised CMA CGM in a $150 million investment with French sovereign fund Fonds Stratégique d’Investissement (FSI), whereby FSI invested $150 million in CMA CGM through the subscription of bonds redeemable in shares. This transaction ultimately granted FSI a 6% stake in CMA CGM’s capital. The Yildirim group, already a shareholder of CMA CGM, has also invested an additional $100 million, enabling it to ultimately hold a total 24% stake in CMA CGM’s capital.

    CMA CGM/LCL Logistix: Advised CMA CGM Group in the acquisition via its freight forwarding subsidiary of a strategic stake in LCL Logistix, a leading Indian logistics company.

    CMA CGM/Merit: Advised CMA CGM and its parent company, Merit, in its agreement to sell La Compagnie du Ponant, the French luxury cruise line, to European private equity firm Bridgepoint. CMA CGM is the world’s third-largest container shipping company.

    CMA CGM/Neptune Orient Lines: Advised CMA CGM Group in its agreement to acquire Neptune Orient Lines (NOL), Southeast Asia’s largest container shipping company, from majority shareholder Temasek and affiliates.

    CMA CGM/Terminal Link/CMHI: Advised CMA CGM in the sale of a 49% stake in its wholly owned subsidiary Terminal Link to China Merchants Holdings International (CMHI), the largest public port operator in China

    CMA CGM/Yildirim: Advised CMA CGM on the sale of a 50 percent stake in Malta Freeport Terminals Limited—the concession company that operates Malta Freeport, a key strategic shipping hub between Europe and Asia—to Yildirim.

    Excel Maritime Carriers/ Star Bulk Carriers: Represented the Transaction Committee of the Excel Board of Directors in the sale of 34 vessels to Star Bulk Carriers for $288 million and 29.9 million shares of Star Bulk Carriers stock, valued in the aggregate at $634.91 million. Represented Angelo Gordon & Co in a $231 million secured bridge loan facility to Star Bulk Carriers.

    Insight Venture Partners/BlaBlaCar: Represented this leading private equity and venture capital firm in connection with a $200 million investment round in BlaBlaCar, the world’s largest long-distance ridesharing community.

    Macquarie Capital/American Express: Represented Macquarie Capital as part of an investor group in the $900 million investment into the joint venture for American Express’ Global Business Travel division, in exchange for 50% ownership.

    PAI Partners/ADB Airfield Solutions/Safegate: Represented PAI Partners and ADB Airfield Solutions in the acquisition of Safegate.

    PAI partners/Swissport: Advised PAI on the management package negotiation for its acquisition of Swissport, the world’s leading provider of ground handling services to the airline sector.

    Platinum Equity Advisors, LLC /Caterpillar Inc.: Advised Platinum Equity Advisors, LLC in securing financing for Platinum’s acquisition of a 65 percent interest in the entities and assets comprising the third-party logistics business of Caterpillar Inc. Provided ongoing advice to note issuer Platinum Equity Advisor, who as borrower, entered into a $75 million revolving credit facility at the closing of the acquisition to be used for working capital and general corporate purposes of the acquired business after the acquisition.

    Platinum Equity Partners/Neovia: Represented Platinum Equity Partners in connection with the acquisition of Neovia, the logistics division of Caterpillar.

    Raben Group/Wincanton plc: Represented the Raben Group in the acquisition of the pan-European road transportation business from Wincanton plc.

    Ryder TRS/Budget Group: Represented Ryder, the second largest consumer truck rental company in the United States, in its acquisition by Budget.

    Star Bulk/Oceanbulk/Monarch:  Represented Monarch Alternative Capital LP, a significant shareholder of Star Bulk Carriers Corp,. in Star Bulk’s deal to acquire Oceanbulk Shipping LLC and Oceanbulk Carriers LLC, creating the largest U.S.-listed dry bulk company.

    The Sterling Group/Elkhart Brass Manufacturing Company, Inc.:  Represented Safe Fleet, a portfolio company of The Sterling Group, a Houston-based private equity firm, in its acquisition of Elkhart Brass Manufacturing Company, Inc., the industry's leading manufacturer of innovative firefighting and fire protection equipment.

    Swissport Group/GH Team: Advised Swissport Group on the sale of its ground handling activities in France to GH Team.

    United Maritime Group: Advised United Maritime Group (UMG) on the sale of its barge transportation subsidiary, U.S. United Barge Line, LLC, to Ingram Barge Company.

    United Maritime Group: Advised United Maritime in the sale of U.S. United Ocean Services, LLC to an affiliate of International Shipholding Corporation.

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Other Significant Matters

  • CMA CGM: Represented CMA CGM in several antitrust investigations before the European Commission and national antitrust authorities.

    CMA CGM: Represented CMA CGM in obtaining EC approval for its acquisition of OPDR.

    French A63 Toll Road: Advised the lenders in the refinancing of the French A63 toll road (between Gironde and Landes), which involved a €860 million credit facility with a 25-year maturity made available to Concessionaire Atlandes.

    SSA Marine: Advised SSA Marine, a subsidiary of Carrix, Inc., in its joint venture with Cloud Peak Energy to pursue the development of the Gateway Pacific Terminal, located in the Northwest corner of Washington State; the Gateway Pacific Terminal is a planned 54 million metric ton, dry bulk, deep water export terminal designed to handle commodities such as coal, grain, and potash and will be the only U.S. Pacific Northwest terminal with natural deep water accommodating cost saving cape size bulk vessels.

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