Danek A. Freeman

Danek represents clients in a wide range of complex financing transactions, including acquisition financings, syndicated and direct lending transactions and distressed debt and restructuring matters, including chapter 11 reorganizations. He also represents asset managers and investment funds in a variety of fund financing transactions, including subscription lines, NAV facilities and margin lending.  

Danek specifically focuses on lending transactions involving diversified asset managers, investment funds and leading financial institutions to provide specialized financing advice required by the complex operating and legal environment faced by these clients. Together with specialists from across the firm’s practice groups and foreign offices, he regularly works with clients to develop and negotiate innovative financing structures while navigating regulatory requirements as well as legal and credit risks.

Recent financial institution and investment fund clients represented by Danek include Brookfield Asset Management, Citigroup, Guggenheim Partners, Mudrick Capital, PSP Credit Investments and Searchlight Capital.  

Danek is recognized as a “Highly Regarded” lawyer for Banking in the U.S. by IFLR1000.

Experience

Direct Lending

• Highbridge, as lender and holder, in connection with its first lien term loan for Senseonics Holdings, Inc. and related exchange by Senseonics of outstanding senior convertible notes for second lien secured notes, shares of common stock and warrants
• Public Sector Pension Investment Board, as lender and collateral agent, in connection with a senior secured term loan facility for D-Wave Quantum Inc.
• PSP Investments Credit USA, as a lender or holder in various senior and junior priority leveraged debt financings
• Apollo Global Management and Guggenheim Partners, as lenders, in $285 million first lien credit facilities for Alion Science and Technology Corporation

Investment Funds

• Guggenheim Partners Investment Management in connection with various senior secured credit facilities
• Brookfield Asset Management in subscription, NAV and secondaries account secured credit facilities for various of its infrastructure, reals estate and credit investment funds
• Amherst Holdings in various secured financing transactions

Restructuring and Special Situations

• Core Scientific, Inc., a blockchain infrastructure and mining company, in connection with its debtor-in-possession financing and subsequent senior secured exit term loan facilities upon emerging from chapter 11 bankruptcy proceedings
• Sunlight Financial Holdings, Inc. in a senior secured term loan facility supporting the restructuring of its operating subsidiaries
• CPPIB Credit Investments in its senior secured credit facilities for David's Bridal, LLC in connection with the company’s chapter 11 proceedings
• Alaska Air Group, Inc., in a $1.928 billion senior secured term facility under the CARES Act
• Guggenheim Partners, as secured lender and equity holder, in connection with the chapter 11 cases and in the sale of BCBG Max Azria Group, Inc. to Global Brands Group Holding Ltd. and Marquee Brands LLC
• TerraMar Capital and Trive Capital, as senior lenders to Fansteel, Inc. in the company’s chapter 11 proceedings
• Official Committee of Unsecured Creditors in the chapter 11 cases of leading solar power company SunEdison, Inc. (liabilities of $16.1 billion)

Syndicated Lending

• Sumitomo Mitsui Banking Corporation, as administrative agent, in a $223 million senior unsecured term facility for Howmet Aerospace Inc.
• Citi, as lead arranger and administrative agent, in connection with a $3 billion revolving credit facility for Arconic Inc.
• J.P. Morgan, as sole lead arranger and administrative agent, in a $5 billion senior unsecured revolving credit facility for Microsoft Corporation

Acquisition Finance

• Citi, as administrative agent and sole lead arranger, in the fully committed bridge facility for FMC Corporation to finance its $1.8 billion acquisition of Cheminova A/S
• Citi, as administrative agent and joint lead arranger, in a $1.5 billion senior unsecured revolving facility for Howmet Aerospace Inc. to finance its spin-off from Arconic Inc. as one of two stand-alone, publicly traded companies
• Capital One N.A., as agent, in $2.15 billion senior secured facilities to finance the $1.8 billion acquisition by Meredith Corporation of Time Inc. and related debt refinancing
• Morgan Stanley in providing committed bridge financing for BGC Partners Inc. in its $675 million hostile offer for rival GFI Group
• HNA Group Co. Ltd. in a senior secured term facility to finance its $6.5 billion acquisition of a 25% stake in Hilton Inc., Park Hotels & Resorts Inc. and Hilton Grand Vacations Inc.