Daniel R. Lenihan

dlenihan@curtis.com
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New York Office


Practice

Mr. Lenihan is a partner in the Firm’s Corporate International Department. His practice concentrates on corporate finance in both the securities and bank markets, including asset securitizations, debt offerings under Rule 144A, export credit agency and other government supported debt, and secured debt including second lien financings. Mr. Lenihan also advises on project development and finance and related trade, particularly in the energy sector. This includes experience in structuring joint ventures, commercial supply and off-take agreements, and international tenders for engineering and construction contracts. He has particular experience in the petroleum, refining, chemicals, transportation and steel sectors. Much of Mr. Lenihan’s finance experience has come in the context of Chapter 11 bankruptcy proceedings, representing both debtors and creditors.

In 1993-1994, Mr. Lenihan was resident in the Firm’s Houston, Texas office. Before joining the Firm, Mr. Lenihan was a judicial clerk to the Hon. Lawrence A. Whipple, United States District Court for the District of New Jersey. He is admitted to the Bars of the States of New York and New Jersey, the Federal Courts in Southern District of New York and the District of New Jersey, and the Second Circuit Court of Appeals.

Representative Matters

• Representation of the federal Air Transportation Stabilization Board (ATSB) in the implementation of its loan guarantee program supporting U.S. air carriers following the September 11, 2001 terrorist attacks. The ATSB representation has included transactions totaling US$1.7 billion in loans to US Airways, Frontier Airlines, America West Airlines, Aloha Airlines and American Trans Air, and has involved equity investments by the ATSB in each of the borrowers, as well as subsequent work-outs and bankruptcies
• Representation of the Petroleum Company of Trinidad and Tobago Limited (Petrotrin) in its US$150 million securitization, in the 144A market, of receivables generated through a 12-year forward sale of refined products, with Deutsche Banc Alex. Brown as underwriter and MBIA Insurance Corporation as note insurer
• Representation of chemicals manufacturer Arteva Specialties, S.á R.L., a subsidiary of KoSa, B.V., in a revolving US$90 million securitization of its U.S. receivables through Three Rivers Funding Corporation, a Melon Bank commercial paper conduit
• Representation of P.M.I. Comercio Internacional, S.A. de C.V., the export arm of Petróleos Mexicanos, in the structuring, negotiation and documentation of long-term crude oil supply and margin guarantee agreements with ExxonMobil, Marathon Oil, Shell Oil, Chevron, El Paso, Valero and Premcor aggregating approximately 700,000 barrels per day of crude oil and supporting coker expansion projects at the purchasers’ respective refineries
• Representation of the federal Emergency Steel Loan Guarantee Board in its guarantee of a US$250 million senior secured term loan to Wheeling-Pittsburgh Steel Corporation upon its emergence from Chapter 11 bankruptcy protection. The lending syndicate was led by Royal Bank of Canada, and the State of West Virginia and the State of Ohio participated in the loan, proceeds of which were escrowed to fund the construction of an electric arc furnace
• Representation of P.M.I. Norteamerica, S.A. de C.V., a subsidiary of Petróleos Mexicanos and joint venture partner with Shell Oil in the Deer Park Refining Limited Partnership, in a two-tranche (revolving and 3-year amortizing) US$390 million securitization of receivables generated from petroleum product sales, with Deutsche Bank AG as arranger