KimDesmarais

Partner

New York + 1.212.326.3414

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 debt 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. 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.

Experience

  • 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.
  • Stellex completes buyout of David Brown Santasalo GroupJones Day advised Stellex Capital Management LLC on its buyout of DB Santasalo S.à r.l from N4 Partners.
  • Oncor Electric Delivery Company obtains $625 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 $625 million term loan facility with Toronto Dominion (Texas) LLC, as administrative agent.
  • FTI Consulting refinances and upsizes its senior secured revolving credit facility to $900 millionJones Day represented FTI Consulting, Inc. (“FTI”) in connection with the second amendment and restatement of its senior secured multicurrency revolving credit facility that, among other things, increased the facility from $550 million to $900 million, extended its maturity, replaced LIBOR with new benchmarks, and provides for the ability of FTI to amend the facility, with FTI and required lender consent, to include pricing adjustments based on certain Environmental, Social and Governance (ESG)-related key performance indicators to be established.
  • Alternate investment firm obtains $100 million secured facilitiesJones Day advised a leading alternative investment firm in connection with a $100 million secured holdco back leverage facility secured against its interests in certain portfolio companies.
  • Large financial institution provides $1 billion revolving credit facility to Bio-Techne CorporationJones Day represented a large financial institution, as administrative agent, in connection with a $1 billion revolving credit facility provided to Bio-Techne Corporation, a global life sciences company providing tools and bioactive reagents for the research and clinical diagnostics.
  • Oncor Electric Delivery Company obtains $650 million credit 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 $650 million senior unsecured delayed draw term loan facility.
  • Digital currency platform obtains revolving credit facilityJones Day represented a digital currency platform in connection with an asset-based revolving loan secured by and tied to the value of bitcoin collateral.
  • Diversified global manufacturer of industrial components obtains $1.2 billion senior secured credit facilityJones Day represented a diversified global manufacturer of industrial components in connection with its $1.2 billion senior secured credit facility.
  • Oncor Electric Delivery Company obtains $1.3 billion credit 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 $1.3 billion term loan credit facility.
  • Multinational bank amends and extends existing $300 million subscription credit facility for real estate investment fundJones Day represented a multinational bank, as lender, in connection with the amendment and restatement of a $300 million secured subscription credit facility for a real estate investment fund that focuses on the development and acquisition of high quality multifamily assets in top U.S. markets.
  • Millicom International Cellular S.A. and Telemóvil El Salvador, S.A. de C.V. obtain $100 million term loan facilityJones Day advised Millicom International Cellular S.A. and Telemóvil El Salvador, S.A. de C.V. in connection with a five-year, $100 million term loan facility.
  • Millicom International Cellular S.A. obtains $100 million term loan facilityJones Day advised Millicom International Cellular S.A. in connection with a five-year, $100 million term loan facility.
  • Riverside acquires PFB Corporation for CA$178 millionJones Day advised The Riverside Company on its take-private acquisition of PFB Corporation (TSX: PFB), a North American vertically-integrated manufacturer of proprietary insulating building products based on expanded polystyrene technology, for a cash payment of CA$24.10 per share (CA$178 million on a fully diluted basis), as well as the transaction's financing.
  • Solmax acquires U.S. geosynthetics manufacturer PropexJones Day served as antitrust and financing counsel to Groupe Solmax Inc. (Solmax) in the acquisition by Solmax of Propex Operating Company, LLC, a leading geosynthetics manufacturer with a long track record in the construction, transportation, mining, and automotive industries.
  • Eldridge Industries provides senior secured term loan credit facility to Digital Currency Group, Inc.Jones Day advised Eldridge Industries, LLC, as administrative agent and lead arranger, on a senior secured term loan credit facility provided to Digital Currency Group, Inc. (“DCG”).
  • Millicom International Cellular obtains bridge loan facilityJones Day advised Millicom International Cellular S.A. in connection with a bridge loan facility with a syndicate of commercial banks.
  • Millicom obtains $125 million term loan facilityJones Day advised Millicom International Cellular S.A. and Millicom Cable Costa Rica, S.A., in connection with a 5-year, $125 million multi-currency term loan facility with a syndicate of five commercial banks.
  • Leading provider of education technology, services, and print and digital content amends $350 million secured credit facilityJones Day represented a leading provider of education technology, services, and print and digital content in connection with an amendment to its $350 million secured credit facility.
  • Signature Aviation sells Global Engine Services business to StandardAero for $230 millionJones Day advised Signature Aviation plc, a market-leading provider of global aviation support services, in the $230 million sale of the Engine Repair and Overhaul (ERO) business to StandardAero, a portfolio company owned by The Carlyle Group and a leading provider of maintenance, repair, and overhaul services.