Overview
Peter Burke is a partner in the Global Finance group and is based in the Firm’s office in Los Angeles. His practice is focused on commercial and corporate finance, asset-based lending, restructurings, and other lending transactions. Mr. Burke has represented numerous banks, commercial finance companies and other alternative lenders in establishing asset-based facilities, cash flow facilities, multi-tranche and multi-lien facilities for acquisitions, recapitalizations, and working capital facilities in both cross-border and U.S. focused transactions. Mr. Burke also has substantial experience in complex commercial reorganizations, and insolvency matters, including in connection with out of court restructurings, debtor in possession and exit financings and sales of assets of distressed companies, and has represented numerous lenders in connection with such restructuring transactions.
Mr. Burke is widely recognized in the market, including by Chambers USA as a leading lawyer for Banking & Finance.
Mr. Burke has experience in various business sectors, including manufacturing, vehicle and vessel transportation, logistics, retail, wholesale, healthcare investment, real estate development, and software. He also has extensive experience in negotiating intercreditor agreements, subordination agreements, uni-tranche structures and other related documentation in numerous facilities.
Recognitions
- Named by Chambers USA to the list of leading attorneys in the United States for Banking and Finance (2009-2020)
- 40 under 40 Award Finalist (M&A Advisor)
Education
- University of Virginia School of Law, J.D., 1996
- College of William and Mary, B.A., 1993
Representations
- Bank of America, BMO Capital Markets, Wells Fargo Securities, Wells Fargo Bank, and Macquarie Capital as joint lead arrangers and joint bookrunners on the financing for Southwire Company’s acquisition of Coleman Cable, Inc. The financing consisted of a US$750 million senior secured term loan facility and a US$1 billion senior secured asset-based revolving facility.
- Bank of America as administrative agent, joint lead arranger, and joint bookrunner on the financing for the acquisition of certain assets of TLP Energy LLC and Blue Eagle Energy, by NFR Energy. The financing consisted of a new US$500 million second lien facility. Wells Fargo Bank as administrative agent to the ninth amendment to the US$750 million amended and restated credit agreement dated as of April 28, 2009.
- Wells Fargo Bank as lead arranger and agent on the US$75 million ABL facility, secured by a first lien on the receivables and a second lien on all other assets of the company, for ValleyCrest Companies.
- City National Bank: We represented City National Bank as agent, arranger, and lender on the US$150 million revolver credit facility for Kayne Anderson Capital Advisors, an alternative investment company.
- Wells Fargo Capital Finance as agent and lender on the amendment and restatement of their existing facility with Campus Management Corp. The credit facility included a revolving credit facility of US$5 million and a term loan facility of US$40 million. TPG Specialty Lending acted as an additional term loan lender and held US$30 million of the term loan.
- Wells Fargo Capital Finance as agent and a lender on the US$100 million ABL credit facility for Crowley Petroleum Distribution.
- Wells Fargo Bank as administrative agent, lead arranger, and bookrunner on a credit facility to borrowers Graham Gulf and C & G Boat Works. The credit facility consisted of a US$50 million revolving loan, with Wells Fargo Bank holding US$30 million and Regions Bank holding US$20 million.
- Wells Fargo Capital Finance as agent and a lender on the credit facility consisting of a US$100 million revolver and US$25 million accordion for Stillwater Mining Company.
Engagement & Publications
- Co-author of "The Coming Revolution of Global Electric Power" – The M&A Journal (December 2020/January/February 2021)
- Co-author of "Borrower in Distress? A Toolbox for Secured Lenders" – Secured Lender (October 2016)
- Co-author of "Comparing Intercreditor Arrangements" – LSTA Loan Market Chronicle (2015)
- "UCC Foreclosures on Collateral: Effecting a Sale and Evaluating Article 9 Alternatives" – Strafford Webinar (November 17, 2014)
- Co-author of "Certainty of Execution – Asset-Based Lending in Leveraged Finance" – ABF Journal (May/June 2013)
Involvement
- Member of the Financial Lawyers Conference and the California State Bar Association
- Served as a member of the Uniform Commercial Code Committee for the Business Law Section of the California State Bar
- Served as the judicial law clerk to the Honorable Stephen Derby, United States Bankruptcy Judge, District of Maryland