Mary E.Kubiuk

Associate

Chicago + 1.312.269.1545

Mary Kubiuk practices corporate law, with a focus on capital markets, corporate governance, and federal securities law. Her practice includes representing a diverse range of public companies in a variety of transactions, including public and private equity and debt offerings, tender offers, exchange offers, M&A transactions, and restructurings. She also regularly advises clients on corporate governance, securities laws, stock exchange rules and regulations, and periodic reporting responsibilities.

Some of the companies Mary has recently worked with include Alcoa, Ansys, Avient, Conagra Brands, Lam Research, NorthWestern Corporation, Peabody Energy, Sherwin-Williams, and Xcel Energy.

Experience

  • Evoqua to merge with Xylem in $7.5 billion all-stock transactionJones Day is advising Evoqua Water Technologies Corp. (NYSE: AQUA) in its $7.5 billion stock-for-stock merger with Xylem Inc. (NYSE: XYL).
  • Xcel Energy amends $3.55 billion credit facilitiesJones Day represented Xcel Energy Inc., a utility company serving natural gas customers in Colorado, Texas, and New Mexico, and its four wholly-owned utility subsidiaries in amending and restating each of their credit agreements with JPMorgan Chase Bank, N.A., as administrative agent, Bank of America, N.A. and Barclays Bank PLC, as syndication agents, Wells Fargo Bank, National Association, MUFG Bank, Ltd., and Citibank, N.A., as documentation agents, and the several lenders party thereto.
  • Northern States Power completes $100 million private placement of 4.86% First Mortgage BondsJones Day represented Northern States Power Company (a Wisconsin corporation), a wholly owned subsidiary of Xcel Energy Inc., in connection with its private placement of $100 million aggregate principal amount of 4.86% First Mortgage Bonds due 2052.
  • Conagra Brands amends and extends $2.0 billion revolving credit facility and obtains $500 million delayed draw term loan facilityJones Day represented Conagra Brands, Inc., a leading branded foods company, in connection with (i) an amendment and extension of a $2.0 billion unsecured revolving credit facility with Bank of America, N.A., and (ii) a new $500 million unsecured delayed draw term loan facility with Farm Credit Services of America, PCA.
  • Avient completes $725 million Senior Notes offeringJones Day represented Avient Corporation in connection with a Rule 144A and Regulation S offering of $725 million aggregate principal amount of 7.125% Senior Notes due 2030.
  • Public Service Company of Colorado completes $700 million public offering of First Mortgage BondsJones Day represented Public Service Company of Colorado, a wholly owned subsidiary of Xcel Energy Inc., in connection with its underwritten public offering of $300 million in aggregate principal amount of 4.10% First Mortgage Bonds, Series No. 38 due June 1, 2032 and $400 million in aggregate principal amount of 4.50% First Mortgage Bonds, Series No. 39 due June 1, 2052.
  • Northern States Power completes $500 million public offering of Green BondsJones Day represented Northern States Power Company, a Minnesota Corporation and wholly owned subsidiary of Xcel Energy Inc., in connection with its underwritten public green bond offering of $500 million in aggregate principal amount of 4.50% First Mortgage Bonds, Series due June 1, 2052.
  • Xcel Energy completes $700 million public offering of Senior NotesJones Day represented Xcel Energy Inc. in connection with its underwritten public offering of $700 million in aggregate principal amount of 4.60% Senior Notes, Series due June 1, 2032.
  • NorthWestern Corporation completes $325 million public offering of Common Stock, including forward saleJones Day represented NorthWestern Corporation in connection with the underwritten public offering of 6,074,767 shares of NorthWestern’s Common Stock at a public offering price of $53.50 per share.
  • Xcel Energy establishes $800 million at-the-market equity programJones Day represented Xcel Energy Inc., a provider of renewable energy, in connection with the establishment of an at-the-market equity program for the sale of up to $800 million of its shares of Common Stock.
  • Xcel Energy completes $800 million public offering of Senior NotesJones Day represented Xcel Energy Inc. in connection with its underwritten public offering of $500 million in aggregate principal amount of 1.75% Senior Notes, Series due March 15, 2027 and $300 million in aggregate principal amount of 2.35% Senior Notes, Series due November 15, 2031.
  • DigitalBridge Group, Inc. expands Vantage SDC (Stabilized Data Centers)Jones Day advised Vantage Data Centers on the expansion of the Vantage SDC (Stabilized Data Centers) platform by DigitalBridge Group, Inc. with the acquisition of CA22, a 24MW hyperscale data center serving the strategic Santa Clara, California market, for $539 million.
  • Conagra Brands completes $500 million public offering of Senior NotesJones Day represented Conagra Brands, Inc., a leading branded foods company, in connection with its underwritten public offering of $500 million 0.500% Senior Notes due 2023.
  • Northern States Power completes $100 million private placement of First Mortgage BondsJones Day represented Northern States Power Company, a wholly owned subsidiary of Xcel Energy Inc., in connection with its private placement of $100 million aggregate principal amount of 2.82% First Mortgage Bonds due 2051.
  • Peabody Energy establishes at-the-market equity programJones Day represented Peabody Energy Corporation, a large private-sector coal company, in connection with the establishment of an at-the-market equity program for the sale of up to 12,500,000 shares of its Common Stock.
  • NorthWestern Corporation establishes $200 million at-the-market equity programJones Day represented NorthWestern Corporation in connection with the establishment of an at-the-market equity program for the sale of up to $200 million of its shares of Common Stock.
  • Northern States Power completes $850 million public offering of Green BondsJones Day represented Northern States Power Company, a Minnesota Corporation and wholly owned subsidiary of Xcel Energy Inc., in connection with its underwritten public green bond offering of $425 million aggregate principal amount of 2.25% First Mortgage Bonds due 2031 and $425 million aggregate principal amount of 3.20% First Mortgage Bonds due 2052.
  • Public Service Company of Colorado completes $750 million public offering of First Mortgage BondsJones Day represented Public Service Company of Colorado, an electric and gas utility and wholly owned subsidiary of Xcel Energy Inc., in connection with its underwritten public offering of $750 million in aggregate principal amount of 1.875% First Mortgage Bonds, Series No. 37 due June 15, 2031 (Green Bonds).
  • Xcel Energy obtains $1.2 billion 364-day term loan agreementJones Day represented Xcel Energy Inc., a provider of renewable energy, in connection with a new $1.2 billion 364-day term loan agreement.
  • Peabody Energy completes comprehensive exchange transactionJones Day represented Peabody Energy Corporation (the "Company"), a large private-sector coal company, in connection with a series of recapitalization transactions to, among other things, provide the Company with maturity extensions and covenant relief, while allowing it to maintain sufficient operating liquidity and financial flexibility, including: (i) an offer to exchange any and all of its outstanding $459 million aggregate principal amount of 6.000% Senior Secured Notes due 2022 (the "Existing Notes") for (a) new 10.000% Senior Secured Notes due 2024 to be co-issued by PIC AU Holdings LLC, a Delaware limited liability company and an indirect, wholly-owned subsidiary of Peabody ("AU HoldingsCo"), and PIC AU Holdings Corporation, a Delaware corporation and an indirect, wholly-owned subsidiary of Peabody ("AU HoldingsCorp" and, together with AU HoldingsCo, the "Co-Issuers"), and (b) new 8.500% Senior Secured Notes due 2024 to be issued by Peabody; and (ii) a restructuring of the revolving loans under the Company's existing credit agreement (the "Existing Credit Agreement") by (a) making a pay down of revolving loans thereunder in the aggregate amount of $10 million, (b) the co-issuers incurring $206 million of term loans under a credit agreement, dated as of January 29, 2021, (c) the Company entering into a letter of credit facility, and (d) the Company amending the existing credit agreement.