- Represented the lead lender of the $1.15 billion Tranche C Facility as part of the up-to-$2.45 billion Super-Priority Debtor-in-Possession Term Loan Agreement for the benefit of a South American airline and its affiliated debtors. The transaction was named “Banking & Finance Deal of the Year” by Latin Lawyer.
- Represented a leading global technology conglomerate in the acquisition and restructuring by a digital technology company through a tender offer to acquire the publicly listed equity securities, a restructuring of the existing senior credit facility, and the implementation of a multijurisdictional asset-based credit facility. The transaction was named “Out-of-Court Restructuring of the Year ($100MM or More)” by The M&A Advisor.
- Represented a global manufacturer and distributor of paper-based products and its subsidiaries as borrowers/guarantors in approximately $4 billion in senior secured syndicated credit facilities and as issuer/guarantors in $2.3 billion in senior secured and unsecured notes.
- Represented a private credit fund and its affiliates, as arranger, agent, and lender, in a $62.2 million senior secured unitranche financing for a leading provider of aerospace and defense testing and measurement equipment, including the financing of a platform acquisition of two competitors through delayed-draw term loan facilities.
- Represented a global manufacturer and distributor of flooring materials as the borrower in $1.8 billion of revolving credit facilities, as the borrower in a $500 million delayed-draw term loan, as the issuer in $1.1 billion of senior notes, and €800 million of senior notes.
- Represented a credit opportunity fund and its affiliates, as borrowers, in bankruptcy remote asset based syndicated credit facilities in an aggregate amount of $530 million to finance the purchase by the fund of a portfolio of distressed bank loans.
- Represented the initial purchasers in a series of offerings of senior unsecured notes by a real estate investment trust totaling $3.05 billion in aggregate principal amount.
- Represented a private credit fund and its affiliates, as the arranger, agent, and lender, of $37 million in senior secured credit facilities for a holder of franchisees of hair salon brands, including to finance any add-on acquisitions.
- Represented the arrangers in connection with the private placement issuance of $165 million of senior secured notes by a leading commercial real estate mortgage lender and a subsequent issuance of $50 million of additional senior secured notes.
- Represented the arrangers in connection with the private placement issuance of $180 million of senior secured notes by a residential real estate mortgage lender and service provider and a subsequent issuance of $65 million of additional senior secured notes.
David R. Rutherford
Counsel,
- Phone: +1 212 210 9402
- Email: david.rutherford@alston.com
Borrowers and lenders trust David to represent them in debt financings and leveraged acquisitions.
- Represented the arrangers in connection with the private placement issuance of $228.85 million of senior secured notes by a leading residential real estate mortgage lender and service provider.
- Represented the underwriters in connection with two issuances of senior notes by a publicly traded financer of life settlements and life insurance policies in an aggregate principal amount of $58.65 million.
- Represented the arrangers in connection with the private placement issuance of $57 million of senior secured notes by an alternative asset management firm focusing on real estate and financial services.
- Represented the underwriters in connection with the issuance of senior notes by a publicly traded residential mortgage lender and servicer in an aggregate principal amount of $53.5 million.
- Represented the arrangers in connection with the private placement of $350 million of senior secured notes issued by a publicly traded REIT specializing in commercial real estate and small business lending.
- Represented the arrangers in connection with the private placement of $100 million of senior notes issued by a residential mortgage lender.
David Rutherford structures and negotiates secured financings in commercial lending transactions, representing portfolio companies, private equity funds, commercial banks, other nonbank lenders, and borrowers, and represents issuers and underwriters in the issuance of secured and unsecured debt securities.
Bar Admissions
- New York
- New Jersey
Education
- Fordham University (J.D., 2012)
- Colby College (B.A., 2007)