Kathleen Currey and Eric Anderson to Present Strafford Webinar "Enforceability of Intercreditor Agreements in Bankruptcy: Maximizing Recovery for First and Second Lienholders"
Oct 12, 2021
kathleen o. currey
she | her
Partner
Atlanta
"She knows syndicated loan facilities, how things work and all the technical nuances."
Chambers USA 2021
Overview
Kathleen Currey is an attorney with deep experience representing both financial institutions and borrowers in secured lending and restructuring matters. She has helped her clients structure, negotiate, and close numerous complex transactions. Kathleen’s proactive and client-focused approach leads to excellent commercial outcomes in her deals.
Kathleen's deal experience includes syndicated loan facilities, asset-based financings, lender finance transactions and debtor-in-possession financings, and the negotiation of complex intercreditor and subordination agreements. Kathleen’s practice also includes representing administrative agents in syndicated loan facilities.
Kathleen is devoted to seeing her clients close commercial finance transactions on the terms needed for their businesses. The fact that she represents the interests of both lenders and sophisticated borrowers has given her a unique – and highly effective – perspective that leads to the efficient management and closing of financing deals. With her business-centric outlook and responsive nature, Kathleen ensures that her clients are best-positioned to close their deals in a way that fits their business needs.
Experience
- Represented borrowers in connection with $2.3 billion senior secured first lien syndicated revolver and term loan facility, $675 million second lien syndicated term loan facility, and $280 million syndicated asset sale bridge term loan facility used to acquire media and communications assets.*
- Represented Bank of America, N.A., as agent, in connection with a senior secured, asset-based, cross-border revolving credit and term loan facility provided to Modular Space Holdings, Inc. and affiliates, which engaged in the sale and leasing of temporary buildings and structures. The companies filed pre-arranged chapter 11 bankruptcy cases in Delaware, and the firm represented the agent bank in the pre-petition, post-petition, and exit financings.
- Assisted a national bank, as agent, in documenting a syndicated senior secured cross-border credit facility to a lender finance company.
- Represented Bank of America, N.A., as agent, in connection with chapter 11 bankruptcy cases of Beaulieu Group, LLC, and its affiliates in the carpet manufacturing business. Representation involved the documentation and court approval of a $70 million debtor-in-possession asset based lending facility to support a marketing and sale process under section 363 of the Bankruptcy Code, resulting in the sale of the company as a going concern and payment of all secured claims in full.
- Represented a national bank, as agent, in a senior secured asset based lending facility to a staffing company, including the negotiation of a complex first lien/second lien intercreditor arrangement.
- Represented a national bank, as the agent for a syndicate of lenders, in providing a $1 billion pre-petition and post-petition syndicated senior secured asset-based credit facility to a sponsor-backed national distributor of tires, which facility included a cross-border component with both U.S. and Canadian borrowers and asset pools, and featuring additional first in - last out facilities. The transaction also required the negotiation of a complex lien subordination and intercreditor agreement with the term lenders holding secured term loan debt.
- Represented a finance company, as lender, in connection with the closing of a credit facility to a heavy equipment dealer, which included construction financing.
- Represented a regional bank, as agent, in connection with a unitranche secured asset based lending facility to a factoring and asset based lending company involving multiple intercreditor arrangements.
- Represented a regional bank in connection with a senior secured asset based lending facility to a sponsor owned parts manufacturer. This transaction involved negotiation of a first lien/second lien intercreditor arrangement.
- Represented a regional bank, as agent, in a $20 million senior secured asset based lending facility to a special purpose finance company.
* Denotes experience prior to joining Parker Hudson.
Thought Leadership
- Presentation: Lien and Debt Subordinations and Intercreditor Agreements, November 17, 2021
- Presentation: Collateral Analysis – Beware of the “Gotchas,” November 10, 2021
- Co-author and Presenter, "Enforceability of Intercreditor Agreements in Bankruptcy: Maximizing Recovery for First and Second Lienholders," October 2021, Strafford Webinar
- Presentation: Lien and Debt Subordinations and Intercreditor Agreements, October 13, 2021
- Presentation: Collateral Analysis – Beware of the “Gotchas” - Part I, August 25, 2021
- Panelist, Commercial Lending Panel, Emory University School of Law Banking and Financial Law Society, March 2021
- Panelist, Ethics and Professionalism CLE, State Bar of Georgia Bankruptcy Law Section, February 2021
- Moderator, State Bar of Georgia Diversity Program's annual Fall Learning Lab: Advancing Diversity, Equity, Inclusion and Justice, December 2020
- Co-author, "Enforceability of Intercreditor Agreements in Bankruptcy: Maximizing Recovery for First and Second Lienholders," August 2020, Strafford Webinar
- Presiding, State Bar of Georgia Secured Lending Seminar, March 2020
- Co-Author and Presenter, "Enforceability of Intercreditor Agreements in Bankruptcy: Maximizing Recovery for First and Second Lienholders," July 2019, Strafford Webinar
- Co-Author, Leading the Way to Creating Diverse and Inclusive Firms, April 2019, Georgia Bar Journal.
- Co-presenter, "Troubled Credits – A Deal Attorney's Primer for the Next Market Disruption," March 2019, State Bar of Georgia Business Law Section Secured Lending Seminar
- Co-Author and Presenter, "Enforceability of Intercreditor Agreements in Bankruptcy: Maximizing Recovery for First and Second Lienholders," August 2018, Strafford Webinar
- Author and Presenter, "Bankruptcy Issues in Intercreditor Agreements," February 2014, Institute of Continuing Legal Education in Georgia
- Presenter, Essentials of Commercial Lending Webinar - Debt Subordination Agreements and Syndication Issues, Spring 2011
- Author and Presenter, "Recent Developments in Debt and Lien Subordination Agreements," February 2011, Institute of Continuing Legal Education in Georgia
- Co-Author and Presenter, "Making Sense of Lien and Debt Subordination Agreements," February 2010, Institute of Continuing Legal Education in Georgia
- Co-Author and Presenter, "Hidden Dangers of Accounts Receivable and Inventory Lendings and Secret Liens," February 2008, Institute of Continuing Legal Education in Georgia
- Author and Presenter, "Intercreditor/Structuring Issues Arising in First Lien/Second Lien Transactions," October 2005, Lorman Education Services
- Author and Presenter, "Personal Property Collateral Documents," October 2003 and October 2004, Lorman Education Services
- Author and Presenter, "Perfection of Security Interests," October 2001 and 2002, Lorman Education Services
Areas of focus
- Financial Services
- Manufacturing
- Professional Services
- Commercial Finance
- Restructuring & Bankruptcy
Education
- Emory University School of Law (J.D., with distinction, 1993)
- University of South Carolina (B.S., Business Administration - Finance, 1986)
Accolades
- Recognized by The Best Lawyers in America© in Banking and Finance Law (2016 - 2022) and Banking and Creditor Debtor Rights / Insolvency and Reorganization Law (2022)
- Listed in Chambers USA: America's Leading Lawyers for Business for Banking and Finance (2013-present)
Professional affiliations
- Serves on the Firm's Administrative, Diversity, Partnership, and Recruiting Committees
- Member, State Bar of Georgia
- Member, State Bar of South Carolina (inactive)
- Member, American Bar Association (Business Law Section)
- Chair, State Bar of Georgia Diversity Program Steering Committee (Vice Chair 2015-2018)
- Secretary, Board of Directors, Tate Mountain Corporation (2012-2014)
- Member, Board of Trustees, and the Development Committee of the Board of Trustees, of The Children's School, an independent elementary school in Atlanta (2004-2011)
- Volunteer Fundraiser, The Paideia School (2009-2017)
Admitted to practice
- Georgia
- South Carolina (inactive)