James M. McDonough

Corporate Financing Transactions

In his corporate finance practice, Jimmy advises both public and private clients in a wide array of corporate finance transactions. His experience includes:

• Representation of a special purpose acquisition subsidiary formed by private equity firms in connection with the leveraged acquisition of multiple FBO Airport facilities including the negotiation of $102,600,000 syndicated Credit Agreement , consisting of an initial $67,500,000 Term Loan and initial $10,000,000 Revolving Loan and a subsequently exercised (i) $22,500,000 Incremental Term Loan advanced in two (2) Tranches, and (ii) $2,600,000 Incremental Revolving Loan.
• Representation of Grupo Cuprum, S.A.P.I. de C.V. (“Grupo Cuprum”), the largest aluminum extruder in Latin America, in the closure of a new $280 million syndicated loan. BBVA México acted as Sole Lead Arranger and Bookrunner for the transaction.
• Representation of non-disclosed clients in the closure of a new $200 million syndicated loan. BBVA Mexico and Banco Mercantil Del Norte acted as Joint Lead Arrangers and Bookrunners.
• Global Wound Care Company – represented Acelity, Inc., a leading global medical technology company focused on advanced wound care and specialty surgical applications, and its KCI subsidiaries in the sale of its business to 3M for approximately $6.725 billion. As part of the transaction, KCI will be integrated into 3M’s Medical Solutions business.
• Global Wound Care Company – served as special Texas counsel to company in connection with financing for leveraged buy-out by private equity firm, including its $2.500 million Senior Secured Credit Facilities consisting of $200 million Revolving $1,630 million Term Loan B, $250 million Term Loan B, $325 million Term Loan C and its $1,750 million Second Lien Notes, $750 million Senior Unsecured Notes, and several incremental facilities related thereto
• Global Wound Care Company – in connection with its $500 million senior secured revolving credit facility and incremental loans thereunder
• Manufacturer – represented a manufacturer in a $400 million bank credit facility, including revolving credit facility, acquisition credit facility, and term-loan credit facility
• Energy Company – represented E&P company in connection with $200 million global recapitalization including $15 million Revolving Credit Facility, $125 million Senior Secured Floating Rate Notes, $35 million Senior Secured Term Loan, $25 million Subordinated Bridge Loan
• Energy Company – represented E&P company in $50 million syndicated credit facility, including revolving credit facility and term-loan credit facility; issuance of $215 million high-yield senior notes, resold pursuant to Rule 144A, with registration rights and a subsequent exchange offer
• Regional Beverage Wholesaler – counseled on $65 million revolving line of credit from a syndicate of lenders and the wholesaler’s acquisition of assets, capital stock and personal and real property of other beverage wholesalers
• Computer Hardware Provider – represented a computer hardware company in $110 million dollar senior credit facility (revolving and term debt) and several incremental loans under such facility.
• Regional Grocer – advised on $60 million senior revolving and term credit facilities, $18 million privately placed senior secured notes, $25 million senior subordinated notes and $9.9 million of subordinated debt to existing stockholders secured pursuant to and governed by a trust indenture and several amendments to each of such facilities; amendment of a synthetic lease covering multiple retail grocery stores and subsequent refinancing
• Borrower Clients – advised clients including soft-good retailers and medical practice groups in negotiating and closing term and revolving commercial finance facilities
• Unsecured Creditors Committee – advised committee in its challenge of the lien position of the debtor’s secured creditors in a bankruptcy case involving more than $100 million of assets
• Debtor-In-Possession Clients – advised on obtaining and negotiating “DIP” financing facilities
• Representation of an entity formed by the former management of a bankrupt debtor in that entity’s acquisition of the assets of the bankrupt debtor and the financing of the purchase.
• Securitization of Automobile Receivables – represented several credit unions in connection with the issuance of a series of Notes in excess of $400 million backed by automobile receivables originated by the respective credit union.
• Securitization of Financial Assets – represented medical equipment company in issuance of a series of Small Ticket Medical Equipment Lease – Backed Notes, in excess of $50 million

Commercial Real Estate and Mortgage Lending

Jimmy represents clients in the acquisition, development, financing and sales of both improved and unimproved commercial real property. His experience includes:

• Convenience Store and Fuel Supply Company – representation of private family owned retail and commercial fuel and lubricant distributor in the divestiture of all of its lines of business in a series of transactions valued at approximately $110 million
• Convenience Store and Fuel Supply Company – representation of private family owned company in connection with asset sale to Sunoco of a convenience store chain primarily distributing Exxon, Shell, and Valero branded fuel together with a number of dealer accounts to which the company supplied branded and unbranded fuel
• Refining Company – Advised a Fortune 500 refiner and marketer of petroleum products in acquisition of 70 convenience stores and fueling stations from major grocery store chain
• Global Wound Care Company – sale leaseback of its former corporate headquarters, acquisition, development and construction of new global corporate headquarters
• Natural Vision Care Provider – sale leaseback of its corporate headquarters and, in a subsequent transaction, a large number of its retail locations
• Regional Grocer – sale leaseback of a large number of this east Texas grocery chain’s retail locations.
• Beverage Wholesaler – acquisition and development of new headquarters and distribution facility
• Rehabilitation Hospital – negotiated a long-term ground lease and construction financing for a new hospital
• Significant Construction Projects – including major multi-family projects in Texas and elsewhere; the completion of and acquisition of a hotel project; a research facility; and several office warehouse projects in Texas
• Sports Arena – representation of a municipality in matters relating to its sports arena, including preparation and negotiation of lease agreement for luxury suites and the negotiation and drafting of certain financing documents relating to lease and concession agreements
• Hotel Developer – acquisition and sale of multiple hotel projects across the United States; advised on franchise agreements
• Residential Developer – advised on acquisition, platting, infrastructure, utilities, lot sales and financing of single family subdivisions
• Shopping Mall – advised a lender providing permanent financing for a major regional retail mall
• Pension Fund – advised pension fund client in acquisition of a major regional retail mall, including resolution of easement issues with the municipality and compliance issues with the original federal grant for the project
• National Bank – counseled a national bank in multiple multimillion dollar construction lending projects
• Investor Group – advised in the acquisition, refurbishing, sale, financing and refinancing of several major multi-family projects
• University – represented a university in the ground lease of real property located on client’s campus to a municipality, including such issues as deferred rent and cooperative use; represented a university in the construction and financing of a low-income housing project on its local campus with the aid of federal financing

Municipal Bond Transactions

Jimmy has advised clients on municipal bond transactions, including:

• Nonprofit Healthcare Providers – advised on significant municipal bond financings, a major portion of the proceeds of which were utilized to construct new or refurbish other existing healthcare facilities
• Universities – counseled on significant municipal bond financings, both fixed and floating rate issuances, the proceeds of which were used to refurbish or construct new facilities on the respective university campuses

• Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization, 1994-Present
• AV Preeminent, Martindale-Hubbell
• 2019 Outstanding Lawyers Award, San Antonio Business Journal, 2019
• Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2009-2010, 2016-2018
  • Creditor Debtor Rights: Business
  • Mergers & Acquisitions
  • Real Estate: Business
• The Best Lawyers in America (Woodward/White, Inc.), 2006-2024
  • Banking and Finance Law, 2022-2024
  • Commercial Finance Law, 2023-2024
  • Commercial Transactions / UCC Law, 2023-2024
  • Corporate Law, 2021-2024
  • Real Estate Law, 2007-2016, 2018-2024
• “Top Attorneys” List, Corporate Finance/Mergers & Acquisitions, San Antonio Magazine, 2021
• “Best S.A. Lawyers” List, San Antonio Scene, 2007-2011, 2017-2023
  • Banking
  • Real Estate Transactions
  • Securities & Corporate Finance
• “Texas Super Lawyer,” Law and Politics Magazine, 2009-2010

Pete Broderick and Jimmy McDonough Discuss Real Estate and the Recovering Economy with the San Antonio Business Journal (February 7, 2014)

• State Bar of Texas
• American Bar Association
• San Antonio Bar Association
• The Order of the Coif
• Real Estate Council of San Antonio
• Texas Wildlife Association, former Director