Mark Jutsen

Secured Corporate Debt

• Represented Trustee and Collateral Agent in connection with the offering of $225,000,000 First Lien Senior Secured 144A / Reg. S Notes issued by one of the largest U.S. casino and gaming companies.
• Represented Trustee, Collateral Agent and Escrow Agent in connection with the escrow offering of $1,250,000,000 Second-Priority Senior Secured 144A / Reg. S Notes issued by a national vehicle transporter.
• Represented Collateral Trustee in connection with the offering of $500,000,000 Parity Lien and Priority Lien Secured Notes issued by the largest privately owned coal company in the United States.
• Represented Indenture Trustee and Collateral Agent in connection with the offering of billions of dollars of 144A / Reg. S First Priority Ship Mortgage Notes. The collateral included cargo tankers flagged in multiple foreign jurisdictions.

Project Finance:

• Represented Trustees, Collateral Agents, Escrow Agent, Disbursement Agents and other agents on multiple large project finance matters and first and second priority high yield notes offerings (many transactions, representing billions of dollars in principal amount) for several of the United States’ largest casino and gaming companies.
• Represented Trustee Collateral Agent and Disbursement Agent in connection with the offering of $450,000,000 First Priority Senior Secured Notes by Indian Tribal Authority. Proceeds were used for the construction of a Casino. I have worked on several significant tribal note offerings and resolution of disputes in connection with tribal note offerings.

Convertible and Exchangeable Notes:

• Represented Trustee and Conversion Agent in connection with multiple convertible and exchangeable notes offerings.

Commercial Paper, MTN, Covered Bonds:

• Represented financial institutions as Fiscal and Paying Agent and various other agency capacities in connection with cross border Covered Bond Programs of foreign banks, Commercial Paper Programs and Medium Term Notes Programs.
• Represented financial institution in various agency capacities in connection with the $5,000,000,000 Global Covered Bonds Program of a Canadian bank.

Municipal Finance:

• Represented Trustee in connection with multiple note offerings by a public utility incorporated in the State of Washington including the offering of $325,000,000 First Mortgage Electricity and Gas Bonds.
• Represented financial institution as Trustee in connection with multiple note offerings by a public utility incorporated in the State of Colorado including $400,000,000 First Mortgage Bonds.

Restructuring:

• Represented Trustee for issuance of $4,587,000,000 in Notes in connection with a bankruptcy settlement by one of the world’s largest auto manufacturers in favor of union benefits trust.
• Represented Trustee, Collateral Agent and Escrow Agent in connection with restructuring debt obligations of two Ethanol plants.
• Represented Trustee for second lien holders of $735,000,000 in notes, in connection with Chapter 11 filing by a technology company.

MBS, ABS and Structured Finance:

• Represented Administrative Agent, Collateral Agent and Titling Registrar in connection with the offering of billions of dollars of Auto Lease Trust Notes issued by one of the world’s largest automobile companies.
• Represented Trustees and agents in connection with billions in principal amount of notes backed by RMBS, resecuritizations of RMBS, corporate repacs, tax credits, CLOs, CDOs, Credit Default Swaps, synthetic structures and fund of funds.
• Represented Trustees advising on 2008 financial crisis issues including counterparty downgrades, ISDA Agreements and residential mortgage repurchase obligations.

Loan Agency:

• Represented financial institution as Collateral Agent in connection with a $375,000,000 Term Loan and Revolving Credit Facility.
• Represented financial institution as Collateral Agent in connection with a $250,000,000 Term Loan.

Indian and Gaming:

• Represented Trustee, Collateral Agent and Disbursement Agent in connection with issuance of $450 million Senior Secured Notes by an Indian Tribe to finance construction of a casino.