Finance

We represent upstream, midstream, and energy service companies on a comprehensive range of matters related to energy finance transactions including:

• Senior debt
• Subordinated debt
• Derivatives
• Middle market and asset-based lender transactions
• Leveraged acquisitions

Burleson LLP is recognized as a leading advisor to reserve-based lenders. We structure and negotiate these transactions, prepare loan documents, conduct due diligence, and issue opinions of counsel. We advise clients through the complexities of closing transactions, managing all of the details through the post-closing phase to ensure clients have the highest level of legal support every step of the way.

In addition, Burleson supports clients with environmental due diligence, regulatory correspondence, permit transfers, and ancillary agreements. We assist in retaining environmental consultants and engineers, assessing site conditions, and developing strategies for investigation and response. We negotiate environmental insurance policies and formulate other value-added enhancements. We counsel debtors and creditors on the environmental aspects of reorganization, refinancing, restructuring, and liquidation, including in bankruptcy.

Representative Matters

• Represented a Taipei lender with respect to a $40 million loan to a Chinese borrower that was secured by three carbon black plants located in Texas, Oklahoma, and Alabama, including dealing with substantial environmental issues; drafting a credit agreement, mortgage documents, and an inter-creditor agreement with the asset-based U.S. lender; and coordinating the closing and issuance of title policies and funding.
• Represented a pipeline valve company with respect to a secured term loan and a multi-advance equipment loan.
• Represented a commercial bank with respect to a senior secured revolving line of credit and equipment loans for a fluid pumping services company operating in the Bakken Shale play.
• Represented a commercial bank in the refinancing of an oilfield manufacturer's facility on the Houston Ship Channel.
• Represented a commercial bank with respect to a senior secured real estate loan, revolving lines of credit, and equipment sleeve financing for an emergency care medical facility.
• Represented a commercial bank with respect to a senior secured revolving line of credit and equipment loans for a crude oil transportation company.
• Represented an energy services company in the amending and restating of a $75 million senior secured syndicated credit revolving facility.
• Represented a pipeline valve company with respect to a secured revolving credit facility.
• Represented a commercial bank with respect to senior secured acquisition financing for a health care management group.
• Represented a commercial bank with respect to senior secured lines of credit and equipment financing for investment companies and an equipment leasing company.
• Represented the owner/operator of a saltwater injection disposal well in a South Texas shale play in the refinancing of existing debt and a secured line of credit, including the pledge of stock of its corporate parent.
• Represented a regional bank in the evaluation of a complex credit facility agreement and corresponding transaction documents in connection with a five-year $100 million credit facility led by a major U.S. bank for the benefit of a large oil and gas exploration and development company as borrower, and in the client's approval of a commitment of $20 million to the $100 million credit facility.
• Represented a window-covering company with respect to a secured revolving credit facility and an equipment term loan.
• Represented a U.S. bank in the financing of a real estate acquisition and the construction of a medical facility, and with respect to a revolving line of credit.
• Represented a client in securing financing to provide certain loans and extensions of credit for a mid-level, Colorado-based oil marketing and transportation company pursuant to a credit agreement, security agreement and other transaction documents with a major U.S. bank, and provided corporate services concerning company formation and management.
• Represented an Australian company in connection with a deed of trust covering oil and gas properties in Texas.
• Represented a major U.S. bank, as agent, in $150 million senior reserve-based financing to a portfolio company in connection with the acquisition of oil and gas properties in South Texas. Representation included negotiating an intercreditor agreement with secured subordinated debt.

 

• Represented a major U.S. bank, as agent, in $50 million senior reserve-based financing to an independent exploration and production company in connection with the acquisition of oil and gas properties in South Texas.
• Represented a major U.S. bank, as agent, in $150 million senior reserve-based financing to a portfolio company in connection with the acquisition of oil and gas properties in South Texas, East Texas, and New Mexico. Representation included negotiating an intercreditor agreement with secured subordinated debt.
• Represented a major U.S. bank in $100 million senior reserve-based financing to an independent exploration and production company to be secured by oil and gas properties in South Texas.
• Represented a foreign bank in $150 million senior reserve-based financing to an independent exploration and production company, secured by oil and gas properties in Texas, Oklahoma, New Mexico, Colorado, and Utah.
• Represented a large U.S. commercial bank as a participant in numerous agented credit facilities to exploration and production companies and pipeline companies.
• Represented a privately held financial services and investment firm in $50 million senior reserve-based financing to an independent exploration and production company secured by oil and gas properties in South Texas.
• Represented a privately held financial services and investment firm in $100 million senior reserve-based financing to an independent exploration and production company to be secured by oil and gas properties in the Marcellus Shale in Pennsylvania.
• Represented a privately held financial and investment services firm in $50 million senior financing to a gas pipeline company, secured by pipeline systems in Kansas, Texas, Oklahoma, Louisiana, and Colorado; a gas processing facility in Texas; and a helium plant in Oklahoma.
• Represented a portfolio company in $75 million senior reserve-based financing, secured by oil and gas properties in East Texas.
• Represented the FDIC in the structured sale of non-performing loans.
• Served as lead outside counsel to a major mortgage institution on issues related to the scope of permitted activities under trust documents.

Although our main focus is on the energy industry, we also provide counsel on financings for many industrial, manufacturing, and real estate companies.