Kimberly Perdue

Partner
Norton Rose Fulbright US LLP

Dallas
United States
T:+1 214 855 3934
Dallas
United States
T:+1 214 855 3934
Kimberly Perdue

Kimberly Perdue

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Biography

Kimberly Perdue represents private equity funds, financial institutions, institutional investors and public and private issuers in a wide variety of financing transactions both in the United States and globally, with a focus on acquisition financing, investment grade lending, cash-flow based lending, asset-based lending (including reserve-based lending for oil and gas transactions), mezzanine financing and subordinated debt financing.

In addition, Kimberly is experienced in navigating the specific types of transactions and challenges that might arise in distressed debt situations, including handling liability management transactions and out-of-court workouts and negotiations, as well as in-court debtor-in-possession and exit financings on behalf of both issuers and investors. She also regularly counsels clients on an array of working capital arrangements, debt compliance matters and related corporate governance matters.


Professional experience

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JD, Duke University School of Law, 2005

BA, cum laude, Loyola University of New Orleans, 1996

  • New York State Bar
  • Texas State Bar
  • Represented a private equity firm in connection with financing for its acquisition of a heavy environmental equipment dealer, lessor and service provider
  • Represented a middle-market private equity firm and its portfolio company, a petrochemical and oil and gas refinery turnaround services company, in its first and second lien term loan facility and revolving credit facility financings to acquire a leading provider of engineered cooling tower rebuild and repair services
  • Represented a middle-market private equity firm in its acquisition of a leading provider of environmental remediation and geotechnical construction services
  • Represented a middle market private equity firm in connection with the financing of its acquisition of a manufacturing company in the education sector
  • Represented a US oil producer and certain of its subsidiaries, which acquire and develop unconventional oil and natural gas resources in North Dakota, Montana and West Texas, in creditor negotiations achieving a pre-packaged Chapter 11 filing and the availability of a US$450 million debtor-in-possession credit facility, consisting of a US$150 million new money revolving facility and up to a US$300 million roll-up of existing prepetition loans, while simultaneously reducing outstanding funded debt by more than US$1.8 billion. The package includes a commitment for a reserve-based lending exit facility in an aggregate amount of up to US$575 million to be entered into upon exit from Chapter 11
  • Represented a hydrocarbon exploration company in its US$12 billion all-stock merger of equals with an energy company engaged in hydrocarbon exploration.
  • Represented an exploration and production company in their prepackaged Chapter 11 cases through which they eliminated over US$840 million in funded debt obligations, including obtaining a US$230 million debtor-in-possession credit facility and a US$230 million reserve-based revolving credit facility upon exit
  • Second lien noteholders and certain preferred shareholders in the prepackaged Chapter 11 cases of collectively an independent oil and natural gas exploration and production company with assets in the Permian Basin, including the provision of new-money DIP financing (which was led by the second lien noteholders and certain other prepetition creditors) to the collective. The prepackaged Chapter 11 plan resulted in the conversion of the collective's DIP financing, prepetition second lien notes and certain prepetition unsecured debt into new common equity in the collective
  • Represented a global oilfield products company in its issuance of US$315 million of Convertible Senior Secured Notes in exchange of approximately US$328 million of existing unsecured notes
  • Represented an energy investment bank and its affiliates, as noteholders and term loan lenders to affiliates of an independent exploration and production company in a pre-arranged restructuring under Chapter 11
  • Represented a private equity firm in its preferred equity investment of up to US$140 million to fund capital contributions to a joint venture between a value-driven master limited partnership and a multinational oil and gas corporation to construct a FERC-regulated interstate natural gas pipeline in the Delaware Basin
  • Represented a capital management company and its portfolio company in the sale of its Arizona managed care plan business to a national health insurance company
  • Represented an oil and gas field exploration services company in an approximately US$1.8 billion merger-of-equals with one of the largest pure-play providers of integrated well completion services in the US and the refinancing of the combined company's ABL loan facility
  • Represented a large manufacturing company in US$8 billion in credit facilities, including a US$3 billion 364-day unsecured revolving facility, a US$2.5 billion 4-year unsecured revolving facility and a US$2.5 billion 5-year unsecured revolving facility
  • Represented a private E&P company in a US$100 million reserve-based working capital facility
  • Represented an upstream oil and gas company in a US$500 million reserve-based revolving credit facility in connection with an investment by an energy investment company
  • Represented a private equity sponsor in its joint venture with a privately held independent oil and gas exploration company to develop non-operated deepwater exploration projects in the Gulf of Mexico
  • Represented a drilling company and certain of its affiliates in creditor negotiations achieving a pre-arranged Chapter 11 filing reducing the company's outstanding funded debt by more than US$375 million and in obtaining a debtor-in-possession credit facility and, upon exit from Chapter 11, a first lien asset-based credit facility and a second lien term loan facility in conjunction with a simultaneous international restructuring
  • Represented a multinational oil and gas company in a US$200 million secured letter of credit facility used to backstop plugging and abandonment obligations provided to affiliates of an oil company in the acquisition of an independent oil and natural gas development and production company
  • Represented an international ingredient company's cross-border acquisition of a subsidiary
  • Amendment to increase Euro and USD term loan facilities and revolving facility of a manufacturer and supplier of industrial foams and flexible insulation materials to finance cross-border acquisition
  • Represented a global private equity company in its acquisitions of the coating resins business of a composite materials manufacturer and a technology solutions company
  • Represented a multi-strategy private investment firm in its substantial cross-border minority investment in a supply chain solutions company
  • Represented a leading provider of device insurance in its investment in a plastic manufacturer and the subsequent recapitalization and combination of into a subsidiary
  • Represented a technology solutions company with respect to various acquisition financings
  • Represented an American financier in his investments in a tax software service, a retail chain company and a financial services company
  • Represented a private equity firm in its investment in a provider of security systems and smart home services
  • Represented a private equity company in its investments in a leading provider of device insurance, an independent price comparison service, Inc. and its proposed acquisition of a large telecommunications company
  • Represented a retail chain company's working capital facility and debt refinancing
  • Represented a large investment grade company in connection with its working capital facility
  • Represented an insurance company with respect to various working capital facilities
  • Represented a private equity firm in its fund level revolving line of credit
  • Represented a drilling oil and gas wells company in its amendment to its senior credit facilities
  • Represented a HVAC manufacturer in connection with various refinancings
  • A large institutional investor as in-house corporate counsel in multiple private placements in connection with working capital and acquisition financings of companies in the electric power, oil and gas and a variety of other industries
  • Dallas Bar Association