KimDesmarais

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New York + 1.212.326.3414

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Kim Desmarais has successfully acted as lead counsel on complex U.S. and cross-border financings across a broad range of industries for two decades. She has a strong leveraged lending background and represents borrowers, banks, private credit funds, commercial finance companies, and other institutional lenders in a variety of secured and unsecured transactions, with a particular focus on acquisition finance, asset-based loans, and alternative lending transactions in the funds and fintech sectors, as well as liability management transactions. Kim is regularly asked to advise on lending arrangements involving crypto assets and companies in the digital assets industry and is actively involved in Jones Day's global Fintech Working Group. She is also co-coordinator of Jones Day's global, cross-disciplinary IBOR Transition Working Group.

Kim also has extensive experience advising on personal property and other commercial law matters associated with secured financing transactions, with special emphasis on Articles 8 and 9 of the Uniform Commercial Code (UCC). She was an Observer of the Joint Committee of the ALI and ULC responsible for the drafting of the 2022 Amendments to the UCC to address emerging technologies.

Kim is a Fellow of the American College of Commercial Finance Lawyers and has served as secretary of the New York City Bar's Commercial Law and Uniform State Laws Committee.

Expérience

  • Global secondaries fund manager purchases portfolio of private equity fund interestsJones Day advised a global secondaries fund manager in the purchase of a portfolio of private equity fund interests from a corporate pension plan. The purchase of the portfolio was partially financed using a NAV facility and included the use of representation and warranty insurance.
  • Bank of America provides $100 million secured revolving credit facility to PJT PartnersJones Day represented Bank of America, N.A., as administrative agent, in connection with a $100 million secured revolving credit facility provided to PJT Partners Holdings, LP, a premier, global, advisory-focused investment bank.
  • Spark Networks obtains chapter 15 recognition of first-ever cross-border restructuring under German StaRUGJones Day represented Spark Networks SE in the first-ever cross-border restructuring under the recently enacted German restructuring law ("StaRUG") and chapter 15 of the U.S. Bankruptcy Code involving over $100 million of funded debt issued by a U.S.-based credit fund and guaranteed by other German and U.S. entities.
  • Citibank provides secured multicurrency revolving credit facility to Genius Sports LimitedJones Day represented Citibank, N.A., as administrative agent, a joint lead arranger, and sole bookrunner, on a secured multicurrency revolving credit facility provided to Genius Sports Limited, a global leader in sports betting and sports media technology.
  • Blue Flag and affiliated funds obtain new subscription credit facilityJones Day represented Blue Flag and its managed funds Signal H Investment Partnership III, LP ("SHIP III") and Signal H Investment Parallel Partnership III, LP ("Parallel Fund") in connection with SHIP III and Parallel Fund's new subscription facility with a private national bank based in New York, as the sole lender.
  • Private credit firm amends its existing subscription line facilityJones Day represented a private credit firm in connection with an amendment to its existing subscription line facility.
  • Oncor Electric Delivery Company obtains $500 million revolving credit facilityJones Day represented Oncor Electric Delivery Company LLC, Texas's largest transmission and distribution electric utility, in connection with the establishment of a $500 million revolving credit facility with Wells Fargo Bank, National Association, as administrative agent.
  • Real estate fund amends its $100 million subscription facilityJones Day represented a real estate fund in connection with the amendment of its $100 million subscription facility, which among other things, extended the maturity of the facility and replaced BSBY with SOFR.
  • Real estate fund amends its $15 million subscription facilityJones Day represented a real estate fund in connection with the amendment of its $15 million subscription facility, which among other things, extended the maturity of the facility, modified the commitment amount and replaced BSBY with SOFR.
  • Spark Networks obtains $110 million senior secured credit facility upon emergence from first-ever cross-border restructuring proceeding under German StaRUG, and recognized by U.S. chapter 15Jones Day represented Spark Networks SE (“Spark”), a Germany-based leading social dating platform, operating worldwide, together with Spark Networks, Inc. and Zoosk Inc., as co-borrowers, in connection with an amended $110 million secured credit facility provided by a U.S.-based private credit fund as part of Spark's emergence from a long-term forbearance and the first-ever cross-border restructuring proceeding under German StaRUG, where such proceeding was recognized under chapter 15 of the U.S. Bankruptcy Code.
  • Accord Catalyst Fund obtains subscription line credit facilityJones Day represented Accord Catalyst Fund in connection with a new subscription line credit facility.
  • Granite Construction obtains $150 million term loanJones Day represented Granite Construction Incorporated, one of the largest diversified construction and construction materials companies in the United States, in connection with a $150 million term loan, which provided financing, in part, of its acquisition of certain stone and gravel supply companies.
  • Digital Bridge Holdings provides $345 million senior secured construction loan to build data center facility in Atlanta, GeorgiaJones Day represented Digital Bridge Holdings, LLC, a leading provider of colocation, interconnection and data services, in connection with a $345 million senior secured construction loan to build a data center facility in Atlanta, Georgia.
  • Large financial institution provides $82.5 million term loan credit facility to mid-market fundJones Day advised a large financial institution, as lender, in connection with a $82.5 million senior secured term loan credit facility provided to a mid-market fund that invests in asset-backed securities and credit-linked notes.
  • Private credit firm and affiliated funds obtain subscription line credit facility in amount up to $150 millionJones Day represented a private credit firm and certain of its funds in the refinancing of such funds’ existing subscription line facility.
  • Lennox obtains $350 million incremental increase to its existing credit facility with JPMorgan Chase Bank, N.A.Jones Day represented Lennox International Inc., a leading global provider of climate control solutions, in connection with an incremental increase of its unsecured credit facilities led by JPMorgan Chase Bank, N.A., as administrative agent for the bank syndicate, which provides for total revolving credit commitments of $1.1 billion.
  • Diebold Nixdorf obtains $1.25 billion senior secured exit credit facilityJones Day represented Diebold Nixdorf, Incorporated, a multinational financial and retail technology company that specializes in the sale, manufacture, installation, and service of self-service transaction systems (such as ATMs and currency processing systems), point-of-sale terminals, physical security products, and software and related services for global financial, retail, and commercial markets, in connection with a new $1.25 billion senior secured term loan facility as part of it’s emergence from chapter 11 bankruptcy and other domestic and foreign court-supervised restructuring proceedings.
  • Diebold Nixdorf successfully restructures over $2.7 billion in funded debt and completes the first-ever dual proceeding under the U.S. bankruptcy code and Dutch restructuring law in 71 daysIn the first-ever cross border restructuring involving dual main proceedings under chapter 11 of the U.S. Bankruptcy Code and a scheme of arrangement (the "Dutch Scheme") under the Dutch Act on Confirmation of Extrajudicial Plans (Wet Homologatie Onderhands Akkoord ("WHOA")), and the first-ever chapter 15 recognition of Dutch Scheme proceedings and a sanctioned WHOA reorganization plan (the "WHOA Plan"), Jones Day represented Diebold Nixdorf, Incorporated ("Diebold") and certain of its U.S. and Canadian subsidiaries (the "Debtors") in connection with (i) the prepackaged chapter 11 cases of In re Diebold Holding Company, LLC, et al., (Case No. 23-90602-DRJ) commenced on June 1, 2023, in the United States Bankruptcy Court for the Southern District of Texas (the "Bankruptcy Court"); (ii) the Dutch Scheme, commenced on June 1, 2023 by Diebold Nixdorf Dutch Holding B.V. (the "Dutch Issuer") in the District Court of Amsterdam (the "Dutch Court"), and (iii) the chapter 15 proceedings before the Bankruptcy Court commenced by the foreign representative of the Dutch Issuer, wherein the Bankruptcy Court recognized the Dutch Scheme proceeding as a foreign main proceeding and recognized and extended comity to the WHOA Plan that was sanctioned by the Dutch Court.
  • Diebold Nixdorf obtains $1.25 billion senior secured superpriority DIP credit facilityJones Day is representing Diebold Nixdorf, Incorporated (the “Company”), a multinational financial and retail technology company that specializes in the sale, manufacture, installation, and service of self-service transaction systems (such as ATMs and currency processing systems), point-of-sale terminals, physical security products, and software and related services for global financial, retail, and commercial markets, and certain of its domestic and foreign subsidiaries (collectively, the “Debtors”) in (i) a pre-packaged chapter 11 proceeding in front of the U.S. Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”), (ii) a scheme of arrangement by Diebold Nixdorf Dutch Holding B.V. (the “Dutch Issuer”) and the related voluntary proceeding in front of the District Court of Amsterdam under the Dutch Act on Confirmation of Extrajudicial Plans (Wet Homologatie Onderhands Akkoord), and (iii) an anticipated proceeding commenced by the Dutch Issuer under chapter 15 in the Bankruptcy Court, seeking recognition of such scheme of arrangement.
  • Oncor Electric Delivery Company obtains $150 million term loan facilityJones Day represented Oncor Electric Delivery Company LLC, Texas's largest transmission and distribution electric utility and the fifth largest in the United States, in connection with a $150 million term loan facility.
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    January 23 - December 10, 2024 Firm Hosted

    2024 Public Company Speaker Series

    May 2023 Reprint

    Crypto-Based Lending and the 2022 UCC Amendments (The Secured Lender)

    February 2023 Commentary

    New York Department of Financial Services Issues Guidance on Virtual Currency Custodial Services

    December 2020 Alert

    Stay of Execution Proposed for USD LIBOR

    November 2020 Reprint

    The Great Transition: A 2020 LIBOR Transition Recap and Things to Keep in Mind as We Approach 2021

    May 2020 Commentary

    Back to the Well: ARRC Seeks Market Input on Simplifying Spread Adjustment Calculation

    July 2019 Commentary

    Mandatory Summer Reading: SEC Staff Issues Rare Joint Statement on LIBOR Transition

    June 2019 Jones Day Publications

    ARRC Publishes Final LIBOR Transition Recommendations for Securitizations and Bilateral Business Loans

    May 2019 Commentary

    ARRC Publishes Final LIBOR Transition Recommendations for Floating Rate Notes and Syndicated Business Loans

    March 2019 Reprint

    New Accounting Standards Can Significantly Impact Credit Agreements, Commercial Finance Association
    Voir toutes les publications

    January 23 - December 10, 2024 Firm Hosted

    2024 Public Company Speaker Series

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