Marian Baldwin Fuerst
Norton Rose Fulbright US LLP
Marian Baldwin FuerstvCard
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Marian Baldwin Fuerst represents financial institutions, borrowers, institutional agency service providers and corporate trustees in connection with a wide range of financing transactions, including structured financings, project financings, asset-based lending facilities, securitizations, workouts and restructurings, DIP loans and other secured and unsecured transactions.
She also regularly represents banks and other counterparties to interest rate and other derivatives transactions.
Professional experienceExpand all Collapse all
JD, member, American Journal of Law and Medicine, Boston University School of Law, 1991
BA, Hamilton College, 1984
- New York State Bar
- Represented Vineyard Wind in connection with a $2.3 billion senior debt facility to finance construction of an offshore wind farm.
- Represented the noteholder representative and collateral agent in connection with a €775 secured holdco financing for affiliates of Phoenix Tower International.
- Represented the collateral agent and depositary bank in connection with the construction financing of four distributed solar projects in Maine.
- Represented the administrative agent and collateral agent in connection with a $280 million mezzanine construction financing facility for Mainstream Renewable Power.
- Represented 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.
- Represented 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 Oi, Odebrecht Construction and Engineering, 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 the arranger and agent in a US$275 million private placement of notes issued in connection with an equipment leasing program.
- New York Super Lawyers - banking and securities and corporate law, Thomson Reuters, 2007, 2008, 2009 and 2010
- IFLR1000 – United States, Euromoney Institutional Investor PLC, 2018 - 2021
- "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
- Panelist, "Banking perspectives: distressed debt – a Trustee's point of view" Webinar, June 9, 2020.
- Panelist, "International Bond Defaults: Navigating the Thicket of Recalcitrant Sovereigns, Aggressive Bondholders and Conflicting Laws," American Bar Association Section of Business Law Spring Meeting, April 12-14, 2018, Orlando, Florida
- "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
- American Bar Association, Trust Indentures and Indenture Trustees Committee
UK: Banking perspectives: distressed debt – a Trustee’s point of view
Webinar | June 09, 2020