Robert Borden represents banks in their role as trustee, custodian, agent and other capacities in a wide variety of financing transactions, including leveraged and other lease financings (including cross-border transactions), secured financings, pass through and other securitizations, trust preferred security issues, and corporate debt issues. He also represents clients with respect to bankruptcy and restructuring matters, including the bankruptcies of several major airlines, power generation companies, vessel operations, steel manufacturers and investment banking firms.
Represented a national bank, as trustee for public and private debt issued in the financing of power generation facilities, in several major power producer Chapter 11 cases. Successfully defended debtor’s attempt to recharacterize $1,500,000,000 leveraged lease transaction as secured financing. Played a major role in taking control of two gas-fired power generation facilities upon lease rejection by debtor and restoring them to operation. Assisted in the sale of over $300,000,000 in defaulted equipment notes to issuer. Negotiated plans of reorganization, negotiated claims resolution and served on creditors committees.
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