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Bondholder / Trustee Representation

  • Represented the Commonwealth of Massachusetts as bond counsel and disclosure counsel on this combined new money/advance refunding issue involving General Obligation Bonds, Consolidated Loan of 2016, Series F (Green Bonds) (Federally Taxable), and General Obligation Refunding Bonds, 2016 Series B. The transaction featured the Commonwealth’s third issuance of “green bonds” to finance a variety of environmentally beneficial projects, with the green bonds being sold as taxable bonds to maintain maximum flexibility with respect to private sector involvement with the financed projects.
  • Represented Boston Water and Sewer Commission as bond counsel on a new money and refinancing deal, including an advance refunding. We also served as outside counsel on labor, employment, retirement benefit, litigation and related matters having significant impact on the client's credit profile.
  • Representation of the indenture trustee and bondholders of the Iowa subsidiary of Dutch nitrogen fertilizer company OCI NV in connection with debt restructuring of the $1.2 billion high yield bond issue.
  • Served as bond counsel to the Commonwealth of Massachusetts in connection with new money/advance refunding bonds including “green bonds” used to finance a variety of environmentally beneficial projects.
  • Represented the indenture trustees in the restructuring of bonds or sale of assets for special assessment districts located throughout the country.  
  • Represented indenture trustees, bond insurers and bondholders in the default and workout of numerous charter schools located throughout the country.
  • Representation of institutional holders of tobacco bonds with respect to securitization of settlement payments made pursuant to tobacco Master Settlement Agreement.
  • Representing the indenture trustee with respect to five separate continuing care retirement communities (CCRC) located across the United States with total debt in excess of $500 million. In connection with our representation of the trustee as senior secured creditor, we are addressing a numbers of different issues relating to each CCRC including addressing certain events of default.
  • Representation of the indenture trustee and bondholders in the defaulted senior notes issued by the River Rock Entertainment Authority, a California-based Indian gaming casino.
  • Representation of the indenture trustee and bondholders in consummating the settlement of a multi-year workout of bonds issued to develop the only privately-operated commercial airport in the United States. The settlement converted roughly $114 million of defaulted revenue bonds to $32.5 million of new revenue bonds and a 65 percent ownership stake in the recapitalized airport operating company. The transaction also provided for $3 million of working capital through an additional series of bonds issued in connection with the closing. In connection with these matters, the airport has announced the return of commercial air service by Frontier Airlines after a 3 year hiatus and the planned launch of year round service to three major airports by a second carrier.
  • Representation of UMB Bank, National Association as indenture trustee in Texas Pellets, Inc., Louisiana Pellets, Inc., German Pellets Inc., LLC, and German Pellets Louisiana, LLC insolvencies and related bankruptcies.
  • Representation of the indenture trustee in an out-of-court workout of approximately $140 million of municipal bonds issued for Rideout Memorial Hospital, a California-based health system.
  • Representation of indenture trustee of approximately $50 million of municipal bonds issued for the benefit of E3 BioFuels, LLC in Kansas Chapter 11 proceedings in the United States Bankruptcy Court for District of Kansas.
  • Representation of indenture trustee in Northampton Generating Company, L.P., waste-coal fueled co-generation facility, Chapter 11 in the United States Bankruptcy Court for the Middle District of North Carolina
  • Representation of ad hoc committee of second lien bondholders in Chapter 11 of Caesars Entertainment Corp. et al in the United States Bankruptcy Court for the District of Illinois.
  • Representation of the indenture trustee for convertible note holders in Energy XXI Ltd. bankruptcy case in the United States Bankruptcy court of the Southern District of Texas.
Case Study
Mintz advised the bond trustees of wood pellet supplier German Pellets and its US subsidiaries in a $515 million cross-border bankruptcy. The ongoing matter has included Louisiana and Texas bankruptcy proceedings and related litigation and insolvency matters in Germany.
Case Study
Mintz represented Wilmington Savings Fund Society, FSB, the indenture trustee for holders of $367 million in notes, in oil and gas developer Energy XXI, Inc.’s contentious Texas bankruptcy. The noteholders ultimately received a cash payout of more than double the original offer amount.