We have long been known for our breadth and depth of experience in energy finance. Our experience with energy lending in the traditional sense includes first lien, second lien, subordinated and mezzanine credit facilities, limited or non-recourse financing mechanisms, and note and bond offerings of taxable and tax-exempt debt. In the more expansive view of energy finance, we are pleased to represent clients in matters ranging from structured debt and equity investments, joint ventures, long-term supply arrangements, hedges and derivatives, and securitizations.
We recognize that one size does not fit all when it comes to financing needs in the energy sector. Our diverse experience enables us to help our clients implement the financing arrangements that are best suited for their unique acquisition, construction, development, operation, and maintenance requirements.
Strategic planning and implementation
We start by discussing with clients their goals and working together to determine the optimal strategy for realizing those goals, while taking into account clients’ rate of return expectations, risk tolerance, regulatory limitations, long-term investment strategies, tax considerations and other such factors. Once a course of action is established, we work closely with the client to implement the desired structure, drafting and negotiating all necessary documentation and working seamlessly with attorneys in our other practice groups and outside service providers when appropriate to ensure that all relevant aspects of a transaction are efficiently and expertly addressed.
Value addition and practical solutions
In both the initial implementation of a financing strategy and its subsequent monitoring and modification, we look for opportunities to add value and implement practical solutions. For example, in the context of senior secured credit facilities, we regularly negotiate not only principal loan documents but also intercreditor agreements with outside hedge providers, thereby affording borrowers greater use of their cash flow through the elimination of margining requirements. Other channels for addition of value include managing debt holders’ meetings and negotiating with institutional debt holders, underwriters, rating agencies and credit enhancers. We also help our clients remain abreast of legal developments that could impact their business and financing arrangements through e-Alerts, newsletters and informal communications, empowering them to not only address known issues but proactively tackle developing matters that could create future obstacles.
We recognize that sometimes lending and investment strategies don’t go according to plan. Through our extensive representation of both lenders and borrowers in restructuring, workout and bankruptcy situations, we are able to guide our clients through the complex considerations faced when addressing distressed financing to ensure they receive the best possible recovery.
Oil and Gas Credit Facilities
- Representation of borrowers and lenders in hundreds of secured and unsecured credit facilities for the acquisition, construction, development or operation of oil and gas properties, pipelines and gathering systems, power projects, plants and refineries, and similar assets
- Facilities ranging in size from $500,000 to $1.5 billion
- Facilities include collateral located across the U.S., including Texas, Alabama, Arkansas, California, Colorado, Kansas, Louisiana, Michigan, Mississippi, Nebraska, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, South Dakota, Utah, Wyoming and the Outer Continental Shelf in the Gulf of Mexico
Structured Oil and Gas Finance
- Representation of publicly traded and private oil and gas producers and suppliers, investment funds, hedge fund lenders and other financial institutions in structured oil and gas finance transactions
- Transactions include dollar-denominated production payments, volumetric production payments, net profits interests, overriding royalty interests, royalty trusts and long-term supply arrangements, including related hedges, guaranties, trust indentures, subordinations of lender liens, surety bond contracts, and other related agreements
- Representation of both public and private issuers of, and investors in, senior and subordinated secured and unsecured notes and bonds ranging in value from $1.3 million to $1.5 billion
- Representation of individual and institutional investors in convertible secured debentures and subordinated notes with associated overriding royalty interests
- Representation of a utility provider and its subsidiaries in the $695 million financing of a portfolio of five power general plants, including a complex corporate reorganization, transfer of regulatory authorizations and new regulatory filings, entering into shared facilities agreements and intercompany arrangements, and due diligence relating to permitting, regulatory, environmental, real estate, contracts and other matters
- Representation of an electric transmission and distribution utility in connection with refinancing of debt through bonds secured by substantially all property of the utility, as well as subsequent additional bond offerings
July 12, 2021
Powering the Future, Together: D CEO Texas Energy Awards Recognize Leaders in Oil, Natural Gas, and Renewable Energy
Texas remains the top energy-producing state in the nation and a pacesetter in renewable energy, and the fourth annual D CEO Texas Energy Awards brings executives in oil, natural gas, wind, and solar together to recognize the shared impact and leadership of Texans across all forms of energy production.
April 12, 2021
Jordan Smith was featured in the Oil and Gas Investor cover story regarding the impact of the oil price war, pandemic, and environmental setbacks on the E&P industry.
February 22, 2021
Joining the Energy practice, Pat Knapp brings a wealth of experience handling corporate transactions and energy litigation as in-house and outside counsel to domestic and international upstream, midstream, and downstream energy companies.
October 4, 2019
Women in Law & Leadership Summit to Feature Monica Messick as a Leading Voice for Mentorship in the Law
At The Women in Law & Leadership Summit on October 16, Monica Messick will share firsthand experience as a mentor within Jackson Walker and as the former coordinator of the mentoring program of the Women’s Energy Network North Texas Chapter.
February 1, 2019
Monica Pace Messick Kicks Off 2019 as President of Women’s Energy Network North Texas Chapter With WEN Annual Kickoff Socials
Monica Pace Messick, President of the Women’s Energy Network (WEN) – North Texas Chapter, announced the Chapter’s Annual Kickoff Socials for January and February 2019.
June 8, 2018
Jackson Walker ranked No. 3 in San Antonio Business Journal’s list of the largest energy law firms in San Antonio, which is ordered by the number of local attorneys who practice energy law.
May 4, 2018
Michael P. Pearson presented “A Primer on Marketing Hydrocarbons” at the Fundamentals of Oil, Gas and Mineral Law Course associated with the 44th Annual Ernest E. Smith Oil, Gas and Mineral Law Institute on April 19, 2018, in Houston, Texas.
February 7, 2018
Monica Pace Messick has been voted President-Elect of the Women’s Energy Network, North Texas Chapter (WEN-NTX). The Women’s Energy Network (WEN) is an international organization of predominantly female members who work across the energy value chain.
August 22, 2017
Jackson Walker partner Mike Nasi recently spoke on changes to various energy regulations under the Trump administration at the State Bar of Texas Public Utility Law Section Annual Meeting and Seminar.
May 12, 2015
Natural gas derivatives. Energy management agreements. Deregulated energy commodities. To an outsider, these are mysterious terms. To Paul Vrana, they’re household names, as familiar to him as “cheeseburger with fries” and “reality TV” are to the rest of us.