Marian Baldwin Fuerst
Marian Baldwin Fuerst represents financial institutions and corporate clients in connection with a wide range of financing transactions, including structured financings, leasing transactions, receivables financings, asset securitizations, derivatives, workouts and restructurings, DIP loans and other secured and unsecured transactions.
She also regularly represents corporate trust companies in a variety of trustee and agency roles at transaction origination, in connection with amendments and exchanges, and during default administration.
1991 – J.D., member, American Journal of Law and Medicine, Boston University School of Law
1984 – B.A., Hamilton College
- Representing an indenture trustee in connection with a private placement of notes used to finance a sale-leaseback transaction of the assets of a Mexican company.
- Representing an indenture trustee in connection with the restructuring of notes issued by Newland International Properties, Corp. to finance the Trump Ocean Club in Panama.
- Represented corporate trustees in connection with numerous cross-border insolvencies, including Metrofinanciera, P.T. Arpeni Pratama Ocean Line (awarded 2012 Restructuring Deal of the Year (Asia) by IFLR), Celpa (awarded 2012 Restructuring Deal of the Year (Latin Lawyer)) and Rede.
- Represented various financial institutions in connection with interest rate and other derivatives provided in connection with the financing of various wind and solar projects.
- Represented SolarCity Corporation in a securitization of cash flows from distributed solar assets in a partnership flip structure.
- Representing an indenture trustee in connection with various Lehman Brothers structured note programs.
- Represented an indenture trustee in connection with the Lehman Minibond settlement (awarded 2011 Restructuring Deal of the Year (Asia) by IFLR).
- Represented a major financial institution in connection with its exposure to CIFG, a financial guaranty company.
- Represented the ad hoc committee of swap counterparties in the restructuring of the monoline insurance company, ACA Financial Guaranty.
- Represented the global coordinators in a US$16.5 billion financing in connection with the spin-off by Tyco International Ltd.
- Represented the originator and servicer in a US$229 million securitization of pharmaceutical royalty payments.
- Represented the Spiegel Creditor Trust on corporate and securitization matters.
- Represented the arranger and agent in a US$380 million lease financing for the construction of six fiber optic cable laying and repair vessels.
- Represented Citigroup in connection with restructuring aircraft leases with United Airlines.
- Represented the arranger and agent in a US$275 million private placement of notes issued in connection with an equipment leasing program.
Rankings and recognitions
- "Second Circuit Provides Clear Guidance to Market on Scope of Permissible Acts under Trust Indenture Act Section 316(b)," Client Alert, January 30, 2017
- "European Bail-In Rules Extend to the US Credit Market," Legal & Tax Newsletter: German American Chambers of Commerce, Vol. 1, 2016
- "The Trust Indenture Act: What is All the Fuss About?," International Restructuring NewsWire (Republished in Law360), Winter 2016
- "Indenture Trustees in Out-of-Court Restructuring Transactions: Proceed with Caution," Client Alert, March 16, 2015
- "New ISDA Protocol Addresses Uncertainty in Cross-Border Derivatives," Legal & Tax Newsletter: German American Chambers of Commerce, Vol. 4, 2014
- "Right of Buy-Side Counterparties to Segregate Initial Margin for Uncleared Swaps," Private Funds Practice NewsWire, Spring 2014
- "Suntech Illuminates Issues Relevant to German Investors Holding Cross-Border Distressed Debt," Legal & Tax Newsletter: German American Chambers of Commerce, Vol 4, 2013
- "Wisconsin regulator's decision on Ambac illustrates key features of surplus notes as well as challenges faced by policyholders in rehabilitation proceedings," Client Alert, June 20, 2011
- "Despite SEC and CFTC proposed rules on swap definition in Dodd-Frank Act, uncertainty remains on financial guaranty insurance policies," Client Alert, May 4, 2011
- "Tips for Trustees: Out of Court Restructuring and the Trust Indenture Act," New York, NY, March 9, 2016
- "2013 PALS Thriving as a Summer Associate of Color Panel Discussion," June 5, 2013
- "2011 Practicing Attorneys for Law Students," New York, NY, February 9, 2011
Memberships and activities
- American Bar Association, Trust Indentures and Indenture Trustees Committee
Chadbourne hosted a panel discussion with a select group of industry professionals to discuss the Trust Indenture Act and its effect on out-of-court restructurings....
March 9, 2016
The Second Circuit has answered the question that many issuers, indenture trustees and noteholders have struggled with over the last couple of years—what actions (in connection with a restructurin....
January 30, 2017
Recent decisions of the United States District Court for the Southern District of New York suggest a significant departure from the previously widely understood meaning of Section 316(b) of the Tr....
April 25, 2016
Chadbourne & Parke LLP advised NextEra Energy, one of the largest electric power companies in North America, on its agreement to acquire Energy Future Holdings (EFH) and EFH’s stake in Oncor E....
July 29, 2016
Chadbourne & Parke (London) LLP represented the State Oil Company of Azerbaijan Republic (SOCAR) in connection with a US$1.3 billion put option-based financing for SOCAR Turkey Enerji A.Ş....
August 24, 2015