Michael Kim, P.C.
Overview
Michael Kim has a broad transactional practice, including capital markets transactions, mergers & acquisitions transactions and corporate governance matters. His capital markets practice focuses on complex securities matters, including initial public offerings, high yield offerings, spin-offs, tender offers and investment grade debt offerings. His mergers & acquisitions practice includes public and private acquisitions and divestitures for private equity funds and public companies.
Experience
Representative Matters
Debt Offerings
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Restaurant Brands International Inc. (NYSE: QSR), a multinational fast-food holding company comprised of Burger King, Popeyes Louisiana Kitchen and Tim Hortons, in its $1.4 billion offering of second lien senior secured notes
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Alight Solutions, a portfolio company of the Blackstone Group Inc. and leading provider of benefits administration and cloud-based HR and financial solutions, in its financing vehicles’ offering of $270 million in aggregate principal amount of senior notes due 2025
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A consortium led by CC Capital in connection with its approximately $6.9 billion senior notes offering for the acquisition of Dun & Bradstreet
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Avaya in its offering of $300 million 2.25% Convertible Senior Notes due 2023
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Taminco Acquisition Corporation and Apollo Global Management in connection with the $250 million senior PIK toggle notes offering
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Infor, Inc. and Golden Gate Capital in connection with the approximately $1.58 billion of senior notes offerings
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Shale-Inland Holdings, LLC and TowerBrook Capital Partners in connection with the $250 million senior secured notes offering
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iGATE Corporation in connection with its $770 million senior notes offering to finance its $1.3 billion acquisition of Patni Computer Systems and its $250 million delisting offer of Patni Computer Systems, the first cross-border tender/delisting offers to delist a company listed in both the U.S. and India
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Community Health Systems in connection with its approximately $3.8 billion senior notes offerings
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ABB Ltd in connection with its approximately $3.75 billion in senior notes offerings and commercial paper program
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J.P. Morgan and Credit Suisse in connection with the $400 million senior notes offering by SunCoke Energy, Inc., a subsidiary of Sunoco, Inc.
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Fidelity National Information Services, Inc. in connection with its $850 million senior notes offerings
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MedImpact Holdings and SilverStream Capital, LLC in connection with the $230 million dividend recapitalization senior secured notes offering
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Credit Suisse and Wachovia Securities in connection with a $3 billion senior notes offering by Community Health Systems, Inc., to finance its $6.8 billion acquisition of Triad Hospitals, Inc., which was the largest high yield offering by Credit Suisse at the time
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Barclays Capital, Goldman, Sachs & Co. and J.P. Morgan in connection with a $1.5 billion senior notes offering by Dell, Inc.
Equity Offerings
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loanDepot, Inc., the second largest retail non-bank lender in the United States and leading retail mortgage lender, in its initial public offering
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Array Technologies, Inc. and Oaktree Capital in connection with the closing of Array’s IPO, the largest U.S. clean technology and renewable energy IPO to date
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TowerBrook Capital Partners portfolio company in connection with a pending initial public offering
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Ladder Capital in connection with its $259 million initial public offering
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GrubHub in connection with its $221 million initial public offering
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Zoë’s Kitchen in connection with its $101 million initial public offering
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Taminco Corporation and Apollo Global Management in connection with the initial public offering of approximately $235 million of common stock
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Morgan Stanley and UBS Investment Bank in connection with a pending initial public offering of a fast casual restaurant company
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Morgan Stanley and Goldman Sachs in connection with the initial and secondary public offerings of an aggregate of $166 million of common stock of Performant Financial Corp.
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Credit Suisse and J.P. Morgan in connection with the initial public offering of $400 million of common stock of SunCoke Energy, Inc., a subsidiary of Sunoco, Inc.
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Bristol-Myers Squibb Company in connection with a spin-off initial public offering of $720 million of common stock of its subsidiary, Mead Johnson Nutrition Co.
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Credit Suisse, Citi and UBS Investment Bank in connection with concurrent public offerings of $600 million of common stock, convertible senior subordinated notes and senior notes by Terex Corp.
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J.P. Morgan and Citi in connection with a public offering of $200 million of common stock by Allegheny Technologies Inc.
Mergers & Acquisitions
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Bain Capital and Dealer Tire, LLC in the acquisition of Dent Wizard
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Avaya Holdings Corp. in its strategic partnership with RingCentral, Inc.
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BMC Software in its sale to KKR
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3G Capital Partners in connection with its $28 billion acquisition, along with Berkshire Hathaway Inc., of the H.J. Heinz Co.
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John H. Harland in its $1.7 billion sale to MacAndrews & Forbes Holdings Inc.
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Crown Castle International Corp. in connection with a $2 billion sale of its UK subsidiary, Crown Castle UK Holdings Ltd., to NGG Telecoms Investment
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E.I. DuPont de Nemours and Company in connection with the sale of its interests in a $1.2 billion joint venture, DuPont Dow Elastomers LLC, to The Dow Chemical Co.
Restructurings
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FloWorks International, LLC, a specialty industrial distributor of pipe, valves, and fittings and related technical solutions to energy and industrial sectors, in its successful out-of-court recapitalization transaction supported by Clearlake Capital Group LP, TowerBrook Capital Partners LP, the company’s management team, and other stakeholders.
Clerk & Government Experience
Law ClerkHonorable Arthur J. GajarsaUnited States Court of Appeals for the Federal Circuit2002–2003
Prior Experience
Cravath, Swaine & Moore LLP, 2003–2010
More
Recognition
Recognized as a “Notable Practitioner” for M&A; Capital Markets: Debt; Equity by IFLR1000, 2019–2022
Recognized in The Legal 500 U.S., 2012–2013, 2017–2019
Selected as a "Rising Star" by Super Lawyers magazine, 2013
Credentials
Admissions & Qualifications
- New York
- District of Columbia (inactive)
Courts
- United States Court of Appeals for the Federal Circuit2002
Education
- Yale Law SchoolJ.D.2002
- Yale School of ManagementM.B.A.2002
- Massachusetts Institute of TechnologyM.S.1998
- Massachusetts Institute of TechnologyB.S.1996