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The Texas Lawbook

Free Speech, Due Process and Trial by Jury

  • Appellate
  • Bankruptcy
  • Commercial Litigation
  • Corp. Deal Tracker/M&A
  • GCs/Corp. Legal Depts.
  • Firm Management
  • White-Collar/Regulatory
  • Pro Bono/Public Service/D&I

CDT Roundup: 10 Deals, 12 Firms, 61 Lawyers, $2.47B

November 5, 2019 Claire Poole

As Texas lawyers are well aware, the equity markets have been challenging for oil and gas companies. 

How challenging? According to Austin data provider Enverus, formerly known as Drillinginfo, only $500 million was raised in equity offerings in the third quarter, down 85% over the second quarter and off 79% over the same period last year.

Bond issuances, on the other hand, actually reached $40 billion in the period, up 198% over the second quarter and 114% year-over-year. That figure was driven by Occidental Petroleum’s $13 billion bond raise to support its purchase of Anadarko Petroleum plus offerings by midstream and utility companies, Enverus said.

Enverus analyst Andrew Dittmar said a lack of access to capital for shale companies is becoming a “defining story” of 2019, with their stock underperforming the broader market by around 20% in the third quarter.

“That has eroded investor appetite for new issuances or IPOs and equity capital raised at these prices may be viewed as dilutive for existing shareholders,” he said.

Enverus tracked $12 billion worth of energy bonds maturing by the end of the year and found a quarter of that – around $3 billion – comes from exploration and production companies.

Given the situation, credit facilities look to be an important source of liquidity for some companies, Enverus said, with $47 billion in facilities launched or amended in the third quarter across 56 agreements with $15 billion worth of upstream facilities set to expire between this year and 2021.

Dittmar said upstream companies may be relying on credit facilities at an increasing rate just as banks take a more conservative outlook in their borrowing base redeterminations.

“Investors will also be closely watching how drawdowns are spent,” he added. “They want any use of this credit to be a short-term plug, not another way to delay getting to positive free cash flow while adding leverage to the balance sheet.”

Unfortunately, not all companies will be able to successfully transition to positive free cash flow, Enverus said. And with financing options sparse, Chapter 11 filings also have accelerated in the latest quarter, increasing by 186% year-over-year with a disclosed debt value of around $15 billion. 

Upstream companies accounted for 16 of the 20 companies filing for bankruptcy in the third quarter, including STACK-centered Alta Mesa, Eagle Ford-focused Sanchez Energy and Permian-focused Halcon Resources, Enverus said. However, Dittmar thinks companies are better prepared and more responsive to a changing market than om past years and doesn’t expect filings to reach the 2016 level, which peaked with around 40 upstream companies filing in the second quarter.

“The majority of plans call for restructurings, with creditors taking control of the companies,” he said, noting former American Energy company White Star Petroleum going the “relatively rare” route of selling its assets via a 363 process. “However, we could see additional liquidations if creditors decide they would rather get out what cash they can rather than own an E&P company.”

Outside of public markets, there is still private capital being cautiously put to work, with Enverus finding 27 new management groups receiving commitments in the third quarter, including six upstream teams.

The largest disclosed upstream commitment went to WildFire Energy with more than $1 billion committed from Warburg Pincus, Kayne Anderson and management (the company is led by former WildHorse co-founder Anthony Bahr), Enverus said. Fellow WildHorse co-founder Jay Graham is leading KKR-sponsored Spur Energy Partners, which aims to consolidate properties in the New Mexico Shelf (it bought properties from Concho Resources for $925 million).

Enverus said private capital has been focusing on upstream acquisitions with cash flow that can fund organic development and midstream assets and parts of the services sector that may be poised for innovation and growth.

Meanwhile, in the Lone Star State, Texas lawyers saw deal count and deal value slide last week to 10 transactions valued at only $2.47 billion. That compares with 12 deals worth $5.56 billion the week before and 14 transactions valued at $14.4 billion at this time last year. 

Weekly Corporate Deal Tracker Roundup Stats

A compilation of weekly stats from The Lawbook's CDT Weekly Roundup
(Deal Values in Millions)

Week Ending
Deal CountAmountFirmsLawyersM&A CountM&A Value $MCapM Count
CapM Value $M
31-May-202519$23,3811116612$18,6657$4,717
24-May-202515$24,0331112113$23,6242$409
17-May-202516$21,7601214511$18,6155$3,145
10-May-202524$33,1751620619$30,7655$2,410
03-May-202511$4,249139011$2,226.52$2,022.5
26-Apr-202512$8,78791689$6,0113$2,776
19-Apr-202511$8,09771389$7,9852$112
12-Apr-202513$2,392815210$2,0653$327
05-Apr-202519$27,7621518816$25,4733$2,289
29-Mar-202521$8,1881025816$4,1255$4,064
22-Mar-202519$6,4851423115$4,1284$2,857
15-Mar-202513$13,7371315110$9,9324$3,805
8-Mar-20257$2,2345665$2242$2,100
1-Mar-202511$3,05087510$2,5501$500
24-Feb-2512$16,39771496$6,6356$9,862
17-Feb-2517$12,1361313410$9,4112$2,725
10-Feb-2514$7,15491799$4,9505$2,204
3-Feb-2516 $10,068720011$7,5535$2,515
25-Jan-2514$10,261101259$2,2075$8,054
18-Jan-2519$7,3821531612$2,3007$5,082
11-Jan-2521$33,5601618716$32,5215$1,039
4-Jan-259$6,8279809$6,82700
21-Dec-2411$2,79811928$2,2293$570
14-Dec-2415$5,3231218612$3,8123$1,511
07-Dec-2416$4,7661023111$2,32152,445
30-Nov-2410$10,29191034$8,2906$2.001
23-Nov-2415$4,5531515311$3,3794$1,174
16-Nov-2417$11,4881124513$10,1864$1,303
09-Nov-2414$2,1101213912$1,4102$700
02-Nov-2412 $52,788 1110711$52,7381$50
26-Oct-248$3,1608657$3,0651$75
19-Oct-2412$5,3041113611$4,5541$750
12-Oct-2417$8,4381215015$8,1162$322
05-Oct-2422$23,1811218915$19,9807$3,201
28-Sep-2411$2,35671447$534$2,303
21-Sep-2412$9,568101695$4,1017$5,467
14-Sep-2424$10,9881223516$7,1758$3,813
7-Sep-2412$20,4201616811$20,3071$112.9
31-Aug-2413$20,631913412$14,7751$5,856
24-Aug-2419$8,4522132516$7,1023$1,350
17-Aug-2425$49,1961630411$39,38614$9,810
10-Aug-2420$12,2641531216$9,7944$2,470
03-Aug-2426$16,4981633418$8,1378$8,361
27-Jul-2419$16,4422127115$13,8384$2,604
20-Jul-2415$16,0161418410$14,2325$1,784
13-Jul-2420$17,220 1426518$7,146 2$10,074
6-Jul-2411$3,941 11958$2,650 3$1,291
29-Jun-2414$6,296 152248$6,296 6$1,927
22-Jun-2412$5,679 81375$210 7$5,469
15-Jun-2413$9,895 1621410$5,280 3$4,615
8-Jun-2419$23,859 1323912$19,436 7$4,423
1-Jun-2412$34,510 111479$26,110 3$8,400
25-May-2413$9,684 1517110$4,434 3$5,250
18-May-2411$5,490 111738$3,129 3$2,361
11-May-2422$14,855 1422716$11,105 6$3,750
4-May-2413$3,139 98710$1,297 3$1,842
27-Apr-2410$6,684 62810$6,684 00
20-Apr-2419$15,989 111479$5,208 10$10,781
13-Apr-2413$8,952 97610$1,652 3$7,300
6-Apr-2423$26,616 1422214$13,501 8$13,116
30-Mar-2412$9,286 81368$4,299 4$4,987
23-Mar-2418$5,451 1726616$4,759 2$692
16-Mar-2421$11,437 1318614$9,316 6$2,070
9-Mar-2423$4,695 2121819$2,723 4$1,972
2-Mar-2420$9,108 1937214$4,558 6$4,550
24-Feb-2419$16,382 1224815$9,507 4$6,875
17-Feb-2416$29,932 1515712$29,216 4$716
10-Feb-2425$10,750 1719619$5,372 6$5,379
3-Feb-2412$8,416 181259$3,416 3$5,000
27-Jan-249$8,165 9878$7,815 1$800
20-Jan-2414$4,084 1210912$3,219 2$865
13-Jan-2417$33,588 1225612$26,765 5$6,823
6-Jan-248$7,915 8846$7,265 2$650
30-Dec-2317$14,599 129915$2,714 2$11,885
23-Dec-2323$4,182 1321916$1,813 7$2,370
16-Dec-2313$16,436 132807$15,150 5$1,286
9-Dec-2326$14,633.90 1724416$8,095 10$6,538.90
2-Dec-2313$6,720 95712$6,630 1$90
25-Nov-239$4,835 91316$1,785 3$3,050
18-Nov-2322$6,568.70 1718414$4,709.20 8$1,859.50
11-Nov-2315$9,825 1317912$6,581 3$3,244
4-Nov-2315$20,582.50 1419312$19,417.50 3$1,165
28-Oct-2318$68,419.10 1815215$66,646 3$1,773.10
21-Oct-2316$6,755.90 1616515$6,755.90 1$3
14-Oct-2314$67,851.20 131259$61,998.50 5$5,852.70
7-Oct-2317$6,595.50 1322816$5,995.50 1$600
30-Sep-2317$1,896.45 1318914$806.45 3$1,090
23-Sep-2323$6,432.70 1723016$1,402.80 7$5,029.90
16-Sep-2325$23,226.70 2335316$17,239 9$5,987.70
9-Sep-2312$6,369 81027$4,311 5$2,058
2-Sep-2314$2,522 69213$1,322 1$1,200
26-Aug-2317$12,160.25 1320215$6,573.25 2$5,587.00
19-Aug-2319$11,505 1321315$11,255 4$250
12-Aug-2319$9,698.80 131847$3,270 12$6,428.80
5-Aug-2313$5,201 1211812$5,051 1$150
29-Jul-2315$21,031.60 1319611$18,292.00 4$2,739.60
22-Jul-2318$3,992 1213013$2,808 5$1,184
15-Jul-2313$8,254.95 138113$8,254.95 00
8-Jul-2316$5,441.45 1217211$2,443 5$2,998.45
1-Jul-2316$6,872 1010512$5,474 4$1,398
24-Jun-2313$10,914 1620110$7,874 3$3,040
17-Jun-2317$5,880.70 1515115$4,705.70 2$1,175
10-Jun-2319$8,516.10 1311116$6,252.40 3$2,263.70
June 3 202312$6,104.42 121388$4,256.92 4$1,847.50
27-May-2317$12,200 106711$6,165 6$6,035
20-May-2311$22,458.10 81034$19,455 7$3,003
13-May-2312$7,034 101018$5,460 4$1,574
6-May-2320$3,297.60 1819617$2,985.60 3$312
29-Apr-2323$3,691.20 1813517$1,969.70 6$1,721.50
22-Apr-2316$5,570 1410414$4,750 2$1,000
15-Apr-2312$23,818.10 95910$21,618.10 2$2,200
8-Apr-2316$7,949 91739$5,472 7$3,477
1-Apr-2321$18,676.70 1217511$10,926.70 10$7,750
25-Mar-2315$8,779.50 101415$2,362 10$6,416.50
18-Mar-237$14,048.80 6695$13,345 2$703.80
11-Mar-2321$11,576 1616516$8,131 5$3,445
4-Mar-2320$9,668 1122816$8,209 4$1,459
25-Feb-2313$5,335 1313012$4,235 1$1,200
18-Feb-2314$5,743.70 131588$898.70 6$4,845
11-Feb-2316$12,088 1213712$9,965 4$2,123
4-Feb-2317$8,066 1514013$5,614 4$2,452
28-Jan-237$2,180 7755$1,692.75 2$488
21-Jan-2317$5,768 1617412$1,918 5$3,850
14-Jan-2311$2, 800101028$421 3$2,400
7-Jan-2318$8,296 1116714$6,461 3$1,835
31-Dec-2214$2,732 119912$2,092 2$640
17-Dec14$7,919 1311512$7,419 1$500
10-Dec-2214$10,093 128811$7,093 3$3,000
3-Dec-2226$12,800.90 1117220$4,141 6$8,659.90
26-Nov-228$2,266.70 853$76 5$2,190.70
19-Nov-2221$2,886 1521219$2,550 2$336
12-Nov-2213$15,093.70 9819$14,200 4$893.70
5-Nov-222519,337.201650922$8,267.20 3$11,070
29-Oct-2215$7,805.30 911614$7,180.30 1$625
22-Oct-2220$8,193.50 1325313$5,442 7$2,751.50
15-Oct-229$3,046.10 91397$2,588.30 2$457.80
8-Oct-2219$2,011.80 1211416$833.80 3$1,178
1-Oct-2223$5,532.90 1615618$4,952.30 5$580.60
24-Sep-2218$5,194 1421615$4,050 3$1,144
17-Sep-2221$8,352.30 1232015$4,759.60 6$3,592.70
10-Sep-2215$19,853.50 1012613$19,403.60 2$450
3-Sep-229$2,312 9629$2,312 00
27-Aug-2216$30,891.70 1013515$30,666.40 1227.7
20-Aug-2212$1,977 815299253$1,052
13-Aug-2218$8,004.70 1124211$2,844.70 7$5,160
6-Aug-2224$7,948.90 1224017$3,577 7$4,371.90
30-Jul-228$6,941 9787$6,839 1$102
23-Jul-2211$801 119210$801 10
16-Jul-2214$3,650 1012214$3,650 00
9-Jul-2210$3,557.70 7689$3,557.70 10
2-Jul-2218$8,609.40 1315215$2,754.40 3$5,855
25-Jun-2215$6,142 131469$2,017 6$4,125
18-Jun-2217$11,890.10 1422815$11,410 2479.7
11-Jun-2217$7,600 1212310$2,300 7$5,300
4-Jun-2212$2,937 101279$692 3$2,245
28-May-229$3,197.60 11869$3,197.60 00
21-May-2214$7,284.50 1218511$6,609 3$675.50
14-May-2211$306.60 98010$306.60 1$225
7-May-2216$10,451.75 1210812$1,827 4$8,624.75
30-Apr-2216$2,296.50 1615712$895.50 4$1,401
23-Apr-2210$2,241 11588$1,641 2$600
16-Apr-2211$6,643 71568$2,359 3$4,284
9-Apr-2217$4,429 1418411$1,690 6$2,739
2-Apr-2213$1,755 88410$1,145 3$610
26-Mar-2211$3,205 8656$200 5$3,005
19-Mar-2213$2,239.17 910613$2,239.17 00
12-Mar-2218$12,016 1123915$11,965 2$51.35
5-Mar-2217$6,786 1313713$5,161 4$1,625
26-Feb-2212$5,095 81499$4,437.50 3$658
19-Feb-2217$22,229 1717414$21,354 3$875
12-Feb-2212$2,344.70 10738$641.70 4$1,703
5-Feb-2211$2,503 89911$2,503 00
29-Jan-2211$3,872 1210112$3,872 00
22-Jan-2213$5,143.50 109912$4,842.50 1$301
15-Jan-2212$7,605 91559$6,480 3$1,025
8-Jan-2213$8,256.20 1110213$8,256.20 00
1-Jan-229$1,273.80 6509$1,273.80 00
25-Dec-2121$4,734.75 1117616$3,410 5$1,324.75
18-Dec-2126$7,325.20 1519318$3,640.20 8$3,685.20
11-Dec-2116$5,017 1010913$1,417 3$3,600
4-Dec-2114$2,310 8868$2,310 6$1,882.05
27-Nov-219$3.460.1101016$1,758 3$1,702.60
20-Nov-2120$22,792 1515712$18,864.50 8$3,928
13-Nov-2121$26,729 1217813$11,822 8$14,907
6-Nov-2112$8,303 1315710$6,682 3$1,621
30-Oct-2121$10,368 1521815$9,24.46$1,103.00
23-Oct-2121$18.783.11522211$12,314 10$6,468.60
16-Oct-2115$3,868 1111815$2,293 2$1,575
9-Oct-2120$8,610 1617516$7,795 4$815
2-Oct-2114$6,250 1113710$5,200 4$1,050
25-Sep-2111$11,460 9937$10,200 4$1,250
18-Sep-2111$16,603 8998$15,084 3$1,519
11-Sep-2117$10,653 1110313$8,503 4$2,150
4-Sep-2113$7,222 108911$6,715 2$507
28-Aug-2112$763 96311$663 1$100
21-Aug-2112$29,659 77911$29,579 1$80
14-Aug-2122$17,845 1119912$12,805 10$5,04
7-Aug-2117$13,670 1213915$11,766 2$1,904
31-Jul-2121$8,160 1113410$3,574 10$4,586
July 24,202121$6,367 1113915$3,712 6$2,655
17-Jul-2114$4,009 1112412$2,015 2$1,994
10-Jul-2116$3,997 1314311$1,597 4$2,4
3-Jul-2124$7,492 139416$3,769 8$3,722
26-Jun-2110$4,995 7858$3,847 2$1,148
19-Jun-2128$16,830 82289$1,861 19$14,968
12-Jun-2126$27,238 1520919$25,602 7$1,636
5-Jun-2115$15,539 1310013$14,709 2$600
29-May-2135$20,279 1114528$18,647$1,639
22-May-2124$53,208 1417417$51,047 7$2,161
15-May-2118$10,620 1322011$5,870 7$4,809
8-May-2117$10,400 1115615$8,386 2$2,500
1-May-2121$7,200 1611512$3,808 9$3,392
24-Apr-218$20,200 9318$20,200 00
17-Apr-2114$6,270 810211$40,180 3$2,260
10-Apr-2115$8,940 1312914$7,990 1$950
3-Apr-2118$19,513 1015112$16,923 6$2,590
27-Mar-2127$13,942 1524414$4,300 13$9,633.50
20-Mar-2111$2,046 41023$270 8$1,776
13-Mar-2115$3,270 91096$538 9$2,732
6-Mar-2124$13,617 1019613$10,395 11$3,222
27-Feb-2119$8,105 1213915$4,970 4$3,135
20-Feb-219$8,820 91538$8,520 1$300
13-Feb-2112$4,852.60 78172,7665$2,086.60
6-Feb-2118$9,752 1315314$5,222 4$4,530
30-Jan-2118$9,449 918215$8,753.80 3$695.30
23-Jan-2114$8,150 81186$4,000 8$4,150
16-Jan-2117$6,783 1313811$2,400 6$4,382.90
9-Jan-2122$6,829 1413518$3,139.30 4$3,690
2-Jan-217$1,466 7607$1,466 00
26-Dec-2018$15,900 1216316$5,300 1$600
19-Dec-2018$9,769 1411014$8,426 4$1,343
12-Dec-2010$7,200 91009$3,325 1$3,830
5-Dec-2015$4,261 91229$2,780 6$1,481
28-Nov-2019$7,758 1011013$4,003 6$3,755
14-Nov-2014$864.10 1415712$289.10 2$575
7-Nov-2013$6,332 91299$2,483.50 4$3,849
31-Oct-2010$3,995.80 81036$3,231.10 4$754.70
24-Oct-206$18,100 6585$17,709 1$350
17-Oct-208$351.90 5558$351.90 00
10-Oct-207$5,229 3504$735 3$4,494
3-Oct-2014$21,428 91739$17,535 5$3,893
26-Sep-2010$12,770 8935$10,300 5$2,470
19-Sep-2014$8,365 91016$1,020 8$7,345
12-Sep-206$4,406 8593$1,270 3$3,136
5-Sep-2011$5,191 81179$4,061 2$1,130
29-Aug-2011$2,531 9945$1,130 6$1,401
22-Aug-2018$6,574 121407$1,930 11$4,644
15-Aug-2013$4,991 10977$1,216 6$3,775
8-Aug-2012$32,092 111129$30,457 3$1,635
1-Aug-207$5,287 8765$3,687 2$1,600
25-Jul-209$18,751 6677$18,403 2$348
18-Jul-206$1,982.50 5504$1,407.50 2$575
11-Jul-2011$565.10 127510$65.10 1$500
4-Jul-2010$8,889 8989$8,788 1$100.30
27-Jun-208$6,874 10505$4,972.50 3$2,081.50
20-Jun-2012$4,444 91157$2,829 5$1,615
13-Jun-206$3,582 4372$350 4$3,232
6-Jun-2011$3,213.70 8657$470 4$2,743.70
30-May-208$7,335 7486$4,639 2$2,697
23-May-204$432.40 4343$432.40 10
16-May-206$310 6345$310 10
9-May-2018$5,630 1612414$3,180 4$2,450
2-May-201510,40010908$1,900 7$,8,500
25-Apr-208$3,400 9365$1,000 3$2,450
18-Apr-2019$9,500 14928$185.70 11$9,360
11-Apr-2012$6,000 9405$190 7$5,800
4-Apr-2014$8,200 116810$2,200 4$6,000
28-Mar-2016$6,500 139610$3,700 6$2,800
21-Mar-2011$11,910 7337$2,250 4$9,960
14-Mar-207809.86346684.81125
7-Mar-2016$2,500 157013$669 3$1,400
29-Feb-2013$15,260 1312811$11,760 2$3,500
22-Feb-2012$3,700 109210$2,560 2$1,130
15-Feb-2016$1,250 108412$35 4$1,222
8-Feb-2018$6,080 1412314$2,595 4$3,485
1-Feb-2021$20,900 1210114$17,860 7$3,060
25-Jan-2013$7,430 136212$6,430 1$1,000
18-Jan-2023$9,580 1512019$6,580 4$3,000
11-Jan-2021$14,200 1819916$1,020 5$13,200
4-Jan-2022$6,400 1111916$3,204 6$3,245
28-Dec-1922$7,150 1917518$6,800 4$327.40
14-Dec-1924$36,300 2316719$9,500 5$26,800
7-Dec-1911$10,400 11557$1,082 4$9,370
November 30. 201914$2,450 1212612$1,760 2$692.50
23-Nov-1916$1,995 104111$615 5$1,380
16-Nov-1915$3,820 1313511$2,500 4$1,271
9-Nov-1925$12,900 1718223$12,200 2$575
2-Nov-1910$2,470 126192,4503$22
26-Oct-1912$5,560 147011$3,860 1$1,700
19-Oct-198$6,600 81388$6,600 00
12-Oct-1919$4,300 145516$3,800 3$500
5-Oct-1918$14,500 1916615$11,100 3$3,400
28-Sep-1919$8,100 1813218$7,560 1$550
21-Sep-1914$6,300 166611$2,160 3$4,170
14-Sep-1915$23,800 125611$21,250 4$2,570
7-Sep-1917$3,500 159814$1,900 3$1,600
31-Aug-195$8,700 6505$8,700 00
24-Aug-1916$10,000 148215$4,250 1$5,750
16-Aug-1910$1,680 5527$650 3$950
9-Aug-1917$17,700 156814$3,900 3$13,800
2-Aug-1913$5,760 1210813$5,760 NANA
27-Jul-1911$7,300 13768$6,570 3$730
20-Jul-1913$11,800 1312511$5,300 2$6,500
13-Jul-1910$775 7468$542.50 2$233
6-Jul-197$2,500 9857$2,500 00
29-Jun-1923$8,290 1515417$2,300 6$5,970
22-Jun-1917$10,700 1013914$7,700 3$3,000
15-Jun-1911$13,500 1416011$13,500 NANA
8-Jun-1913$2,870 175511$1,570 2$1,300
1-Jun-1910$4,460 11608$4,140 2$315
25-May-1917$4,360 147914$3,700 3$612
18-May-1922$9,000 1715016$3,400 6$5,600
11-May-1918$19,800 1717715$18,300 3$1,500
4-May-1910$7,075 6328$6,900 2$175
27-Apr-1915$3,200 1411714$3,160 1$40
20-Apr-1913$13,500 10909$12,200 4$1,300
13-Apr-1916$38,900 149114$37,800 2$1,100
6-Apr-1912$6,870 119410$6,730 2$50
30-Mar-1915$6,470 128410$7,91.55$5,677
23-Mar-1918$6,450 149114$5,042 4$1,408
16-Mar-1914$10,180 1211511$8,800 3$1,300
9-Mar-199$1,800 6498$1,300 1$500
2-Mar-1920$3,033 1610714$1,817 6$1,262
23-Feb-1912$2,040 8699$614.60 3$1,430
16-Feb-1916$9,970 187716$9,970 00
9-Feb-1914$6,400 1011014$6,400 00
2-Feb-1918$6,740 159916$5,720 2$950
26-Jan-1913$2,770 116711$918.95 2$1,850
19-Jan-1915$3,819 167612$2,594 3$1,225
12-Jan-1918$7,283 149215$1,683 3$5,600
5-Jan-1910$529 125010$529 00
22-Dec-1817$2,570 138714$941 3$1,629
15-Dec-1810$2,860 8268$264 2$2,600
8-Dec-1815$1,819 166512$552 3$1,267
1-Dec-1812$7,500 10909$1,200 3$6,200
28-Nov-1815$4,500 1110714$4,000 1$500
19-Nov-1818$6,137 139813$2,142 5$3,995
14-Nov-1818$9,200 1315215$8,500 3$694
6-Nov-1816$17,300 1618314$16,361 2$950
29-Oct-1814$14,400 1812717$13,800 1$600
24-Oct-1813$6,140 1312611$5,122 2$1,018
17-Oct-1818$18,390 1512514$12,292 4$6,098
10-Oct-1829$3,149 1810420$1,647 9$819
2-Oct-1818$9,300 116714$7,300 4$2,000
25-Sep-1813$7,000 117510$6,000 3$995
18-Sep-189$3,570 7449$3,570 00
11-Sep-1813$5,900 1013213$5,900 00
7-Sep-1814$5,000 158611$4,000 3$1,000
29-Aug-1815$20,700 147913$4,700 2$16,000
20-Aug-1810$12,400 11538$11,380 3$1,057
14-Aug-1812$19,900 121329$18,889 3$1,011
7-Aug-1816$68,600 1110613$67,259 3$1,340
31-Jul-1815$15,100 159511$13,060 4$2,060
23-Jul-1813$2,130 156010$1,804 3$1,100
17-Jul-1814$5,370 17989$4,310 5$1,100
9-Jul-1816$11,200 157410$11,080 6$862
3-Jul-1813$7,000 78112$6,330 1$750
25-Jun-1815$8,800 13979$4,970 6$3,930
18-Jun-1813$14,200 14807$221 6$14,290
11-Jun-1812$6,300 8968$5,910 4$803
6-Jun-1813$14,500 10888$14,154 5$579
31-May-1811$4,890 10638$3,240 3$1,790
22-May-1815$20,400 11639$19,808 6$885
15-May-1815$4,700 1510610$3,900 5$643
9-May-1811$1,400 13889$1,300 2$560
1-May-188$14,250 7887$13,400 1$450
24-Apr-1812$5,300 66111$4,470 1$800
17-Apr-189$1,800 10447$2,330 2$1,434
11-Apr-1811$2,500 8326$1,690 5$809
3-Apr-1815$13,400 111219$12,020 6$1,090
28-Mar-1810$4,000 10927$3,870 3$215
19-Mar-1817$5,800 135110$590 7$5,165
12-Mar-1815$3,130 114311$2,360 4$788
6-Mar-1819$5,400 1311610$1,530 9$4,860
27-Feb-1820$6,600 136914$5,530 6$1,030
19-Feb-1815$5,500 1411110$3,990 6$1,980
12-Feb-1823$10,900 1715712$7,110 11$3,840
5-Feb-1816$8,600 131007$1,330 9$7,800
30-Jan-1811$12,600 11685$7,300 6$4,982
24-Jan-1819$9,400 151295$2,010 14$7,337
18-Jan-1810$6,280 8492$2,100 8$4,188
9-Jan-1812$16,500 12929$15,890 3$475
3-Jan-1810$2,500 9478$2,350 2$150
27-Dec-1715$9,000 151139$7,568 6$1,784
18-Dec-1715$13,800 161649$13,010 7$1,118
11-Dec-1714$9,700 1012612$2,940 4$8,500
4-Dec-176$1,800 6315$1,510 1$300
28-Nov-177$3,850 8764$3,260 3$285
16-Nov-1710$2,700 10486$1,840 4$856
8-Nov-1715$2,380 179110$1,860 5$516
1-Nov-1712$4,700 17949$3,400 4$1,300
23-Oct-1715$10,500 106710$9,780 4$1,530
18-Oct-176$2,000 373$225 3$1,820
10-Oct-1712$6,570 1009$3,880 3$3,360
2-Oct-178$3,100 11193$1,630 5$1,750
25-Sep-178$4,880 8795$2,660 5$2,070
18-Sep-179$4,770 3$300 6$4,470
12-Sep-1711$4,430 8$2,030 3$2,400
1-Sep-174$1,310 3$317 1$1,000
23-Aug-1711$13,640 98$11,840 3$1,800

M&A, private equity and venture capital transactions again dominated the action with nine deals valued at $2.45 billion and only one capital markets/financing transaction worth $22 million. Twelve firms and 61 Texas lawyers were involved in the activity.

M&A/PRIVATE EQUITY/VENTURE CAPITAL

Latham, Weil advise on Platinum-backed PAE’s $1.55B merger with Gores III

Latham & Watkins said Houston partner Ryan Maierson co-led the outside legal team that advised Platinum Equity and portfolio company PAE on its merger with Gores Holdings III, creating a publicly traded company with $1.55 billion in enterprise value.

Weil, Gotshal & Manges was legal advisor to Gores III, with Silicon Valley partner Kyle Krpata as well as Dallas partner Jim Griffin serving as the leads.

Deutsche Bank Securities Inc. and Evercore were financial advisors to Gores III while Deutsche Bank Securities Inc. was lead capital markets advisor, Evercore, BofA Securities and Morgan Stanley were capital markets advisors and Moelis & Co. was financial advisor.

Founded in 1955, PAE provides mission-critical services to the U.S. government, armed forces and international customers, including the U.S. Department of State, Army, Navy, Air Force and NASA. Headquartered in Falls Church, Va., PAE operates in about 60 countries across all seven continents.

Gores III is a special purpose acquisition company sponsored by an affiliate of the Gores Group.

The $1.55 billion in enterprise value works out to 8.9 times PAE’s estimated 2020 pro forma adjusted EBITDA of $174 million.

PAE stockholders will get cash and shares of Gores III common stock. In addition to the $400 million of cash in Gores III’s trust account, additional investors have committed to participate in the transaction through a $220 million private placement led by Gores Group chairman and CEO Alec Gores.

Once the transaction and the private placement are completed, Platinum and other minority owners of PAE are expected to hold around 28% of the newly public PAE.

PAE CEO John Heller said in a statement that PAE is prepared to accelerate its strategic plan and invest in its continued growth. “This transaction will strengthen our capacity to deliver the most valuable, innovative services to our customers and expand into new national security markets,” he said.

Platinum partner Louis Samson will become a board member of the publicly traded company, which the firm bought in 2016.

“This transaction combines PAE’s strong track record of successful M&A and a de-levered balance sheet with the public company currency of a newly listed business, which will position the company to participate in the ongoing consolidation taking place in the government services sector,” Samson said.

Gores III CEO Mark Stone said the government services sector continues to experience positive momentum and PAE is positioned to accelerate its growth and margin expansion.

Whatever is left after paying stockholders and transaction expenses will be used for debt reduction, which is expected to be 3.4 times this year’s estimated adjusted EBITDA.

The transaction has to clear regulators and Gores III stockholders but is expected to close in the first quarter of next year. Gores III’s name will change to PAE Inc.

Baker McKenzie advises Kraton on Cariflex sale to Daelim for $530M

Houston chemical company Kraton Corp. said Oct. 30 it sold its Cariflex business unit to Korea’s Daelim Industrial Co. Ltd. for $530 million.

Baker McKenzie provided outside counsel to Kraton, including partner J. Denmon Sigler and associates Rocio Ruiz and Rocio Mendoza. Others on the team were partner Kai Kramer, partner on tax and associate Patrick Renckly.

Kraton general counsel James L. Simmons led the sale in-house with help from associate general counsel Jennie P. Howard and assistant general counsel Diane A. Parson. 

Simmons was appointed Kraton’s chief legal officer in 2014 after having served in various legal capacities since 2010, most recently as deputy general counsel. The University of Houston-educated lawyer previously worked in the legal department of HCC Insurance Holdings Inc. (now HCC Tokio Marine) and was an associate at Haynes and Boone and Porter Hedges.

J.P. Morgan Securities was Kraton’s financial advisor, including Jeffrey Price, Rodney Miller and Michael Murphy.

Paul Hastings advised Daelim, including Seoul partner Daniel Kim, San Diego partner Jane Song and Seoul associate Albert Nah. UBS Securities was its financial advisor (Sardar Imram and Byungil Lim).

The transaction is expected to close in the first quarter if it clears regulators. The unit contributed $50.5 million of pro forma adjusted EBTIDA to Kraton last year.

Kraton CEO and president Keith Fogarty said in a statement that Cariflex has robust growth and margins of more than 30% but its intrinsic value wasn’t being appropriately reflected in Kraton’s valuation.

“We undertook the strategic review of the Cariflex business to explore the possibility of unlocking value for the benefit of our shareholders,” he said.

Fogarty said that Cariflex will provide Daelim – a petrochemical and engineering and construction provider – with an opportunity to strengthen its polymer presence globally. 

Kraton plans to use the sales proceeds to strengthen its balance sheet and improve its leverage profile, which will position it for growth in its core polymer and chemical businesses.

Daelim vice chairman and CEO Sang Woo Kim said Cariflex is a global leader in isoprene rubber latex and the combination will allow his company to provide customers with a wider range of products while adding the ability to serve the medical and other high-end markets.

Akin Gump advises Crestline on $360M Europe-focused opportunities fund

Crestline Investors Inc. said Oct. 28 it closed its first European opportunity fund, Crestline Opportunity Fund III Europe, securing more than $360 million in commitments in excess of its target.

Akin Gump Strauss Hauer & Feld advised the Fort Worth-based credit-focused institutional alternative asset manager, including partner James A. Deeken, who offices out of Dallas and Houston. Simmons and Simmons served as co-counsel (Dale Gabbert and Athena Tan in London).

Crestline’s chief legal officer is Jesus Payán, who joined the firm in 2006. The University of Texas-educated lawyer began his legal career at Akin Gump.

The new fund is the 10th in Crestline’s series of opportunistic funds, which started in 2005 and have attracted more than $7.7 billion in client commitments. It’s managed by Crestline’s European credit strategies team, which has closed 19 transactions and is led by Michael Guy, who will oversee the fund.

Crestline didn’t name the investors, but they include public pension plans, insurance companies and other institutional investors.

The fund will provide capital solutions ranging from senior debt to structured equity to under-served small and medium sized European businesses. As in the past, the fund will prioritize asset-backed transactions, those with recurring revenue or situations with multiple and separable pools of value.

“With these additional capital commitments, we are well positioned to further execute on the significant market opportunities across the opportunistic spectrum in Europe,” Crestline managing partner and chief investment officer Douglas Bratton said in a statement.

Founded in 1997, Crestline had $12.8 billion of assets under management as of June 30. It has affiliate offices in New York City, Chicago, London, Toronto and Tokyo.

DLA advises WellAware on $12.9M capital raise

San Antonio oilfield technology provider WellAware has raised $12.9 million from investors.

DLA Piper advised on the offering, including partner Joseph Fore and associate Chen Zhang in Austin. Partner Jim Montgomery is on WellAware’s board.

WellAware has raised $66 million in funding led by Activant Capital, affiliates of Mexican billionaire Carlos Slim, former AT&T and General Motors CEO Ed Whitacre Jr., U.S. Vice President Dick Cheney, Genscape and Mitsui.

Led by CEO Matt Harrison and president and COO Blake Carlson, WellAware is focused on helping oil and gas explorers and producers reduce operating costs, downtime and safety, environmental and regulatory issues through data collection and monitoring software.

T&K, K&S counsel on sale of NGP’s Oilfield Water Logistics to InstarAGF

InstarAGF Asset Management Inc. said Oct. 28 that it and its Canadian and international co-investors acquired Oilfield Water Logistics, known as OWL, from NGP Energy Capital Management, NGP Energy Technology Partners and other private shareholders. Terms weren’t disclosed.

King & Spalding counseled InstarAGF on the transaction with a team led by New York partner Jonathan Melmed, co-chair of the firm’s global private equity/M&A practice, with Houston partner Peter Hays pitching in. 

K&S also advised InstarAGF last year on unit JET Infrastructure Holdings’ purchase of jet fuel pipeline and terminal facilities from Buckeye Partners. 

Thompson & Knight represented OWL with a group led by partners Jesse Betts and J. Holt Foster in Dallas. Others on the team were partners Debra J. Villarreal, William M. Katz, Jr., Anthony J. Campiti, Shad E. Sumrow, Todd D. Keator, Jason Patrick Loden, Elizabeth A. Schartz, Gregg Davis and Kurt Summers, all of Dallas, and James C. Morriss III of Austin and Houston.

The associates on the deal were Courtney J. Roane, James Bedotto, John B. Phair, Timothy J. Johnston, William M. Katz, Jr., Jana Benson Wight, Aaron C. Powell, Craig Carpenter and Lindsay Kirton of Dallas and Leslie Reynolds of Austin.

NGP’s in-house counsel on the deal included general counsel Jeff Zlotky and associate general counsel Christina Sanders. Scotiabank was InstarAGF’s financial advisor and Morgan Stanley assisted OWL.

OWL’s management will invest in and continue with the business, which claims to be a top provider of midstream water infrastructure and services primarily within the Permian Basin. The company has offices in Dallas, Midland and Denver.

Founded in 2014 and led by Chris Cooper, OWL’s midstream water infrastructure platform includes produced water gathering, transportation, reuse and disposal primarily in the Delaware Basin, one of the most active and economic oil and gas basins in North America with one of the highest water-to-oil ratios in the U.S. It also provides services in Colorado, Utah and Wyoming.

InstarAGF invests in mid-sized infrastructure businesses in North America in the energy, utilities and civil infrastructure sectors, including energy and midstream service providers, aviation infrastructure, district energy, renewable energy and specialty ports and logistics businesses.

InstarAGF partner Jonathan Stone said in a statement that explorers and producers increasingly face operational and logistical challenges related to produced water and said the deal was an opportunity to invest alongside a proven management team to execute the next phase of OWL’s growth strategy.

Kirkland, Sidley aid on AVAIO’s buyout of Mexico Pacific with Tortoise

Kirkland & Ellis said Oct. 30 it advised AVAIO Capital, which is leading a consortium to acquire control of Mexico Pacific Ltd., or MPL, for undisclosed terms.

The team was led by corporate partners Shubi Arora and Jhett Nelson and associate Erik Shoemaker; and investment funds partner Susan Eisenberg and associate Lauren Jenkins. All are in the firm’s Houston office. 

Lawyers from the firm’s Chicago office also helped out, along with Houston associates David Wilson, Josh Wilson, Randy Santa Ana and Jenna McCord and tax partners Mark Dundon and Stephen Butler.

As part of the deal, investors including AVAIO and Tortoise Capital Advisors will invest new capital in the business to fund MPL’s continued development, including a liquefied natural gas, or LNG, export facility on the Pacific Coast of Mexico. 

Sidley Austin partner William Cooper, who offices out of Washington, D.C., and Houston, and Houston associate Kayleigh McNelis represented Tortoise.

Located in Puerto Libertad in Sonora roughly 125 miles south of the Arizona border, the project aims to tap abundant U.S. shale gas and pipeline infrastructure to deliver some of North America’s cheapest landed LNG into Asia.

President Josh Loftus said in a statement that MPL is fully permitted for FID, or final investment decision, with non-binding off-take agreements in place for the first phase. It’s now focusing on finalizing FEED, or front end engineering and design, securing binding off-take and scaling up team members before taking FID in the fourth quarter of next year. 

“Our new investors add to the growing list of world-class partners who see MPL’s strong project fundamentals and clear competitive advantage,” he said.

AVAIO founding partner Mark McComiskey said demand for a Pacific Coast of Mexico export outlet for U.S. shale gas is proven and that MPL is the only other LNG project on the west coast of North America that can serve as an outlet for U.S. shale gas that has all its major permits in place. 

Stephen Pang, Tortoise’s managing director and portfolio manager, said MPL is attractive due to its location for serving the Asian LNG market, its stage of development and the quality of its management.

“We believe that LNG is a key driver for and will be a main beneficiary of the energy transition story and support the goal to reduce global carbon emissions,” he said.

AVAIO is a build-to-core infrastructure investment firm led by professionals from investment, development, engineering, construction and operating backgrounds. It’s completed more than $4 billion worth of equity transactions and $50 billion of infrastructure development and construction projects in the water, transportation, digital and energy sectors.

Tortoise had $22.2 billion in assets under management as of Sept. 30.

Gibson Dunn assists SB Energy on solar plant purchase from Intersect

Gibson Dunn & Crutcher said it advised SoftBank Group Corp. unit SB Energy Global Holdings Ltd. on its purchase of five U.S. power plants from Intersect Power for undisclosed terms.

The team was led out of New York but included tax partner David Sinak in Dallas.

Orrick counseled Intersect, including partners John Cook and Tom Glascock in San Francisco.

Citi provided financial advice to SB Energy (Shail Mehta and Greg Kantrowitz in New York) while Greentech Capital Advisors (Derek Bentley, also in New York) and Scotiabank assisted Intersect on various aspects of the development partnership and project acquisition.

The portfolio has a combined capacity of more than 1.7 gigawatts. SB Energy will build, own and operate the plants, which are located in California and Texas, and expects to begin construction in early 2020. SB Energy and Intersect previously partnered to develop the projects.

The parties also announced that the projects entered into contracts to sell the renewable energy and renewable energy certificates generated to Austin Energy, Direct Energy and the Lower Colorado River Authority, among others.

The projects will support 3,000 jobs during construction and power the equivalent of 357,000 homes, resulting in 2.75 million tons of avoided carbon dioxide emissions per year.

Marcelo Claure is CEO of SoftBank Group International and chairman of SB Energy. Raman Nanda is CEO of SB Energy, which will have 7.2 gigawatts of solar and wind projects under long-term contract in the U.S. and India as a result of the deal. Sheldon Kimber is CEO and co-founder of Intersect.

Jones Day assists Transwestern on San Antonio apartment complex acquisition

Jones Day said it advised Transwestern Investment Group and Houston-based Allen Harrison Co. on the acquisition of apartment complex The Parq on the Boulevard in San Antonio. Terms weren’t disclosed.

Dallas counsel Jeff Ramsey co-led the deal team for the purchase of the 208-unit property.

The San Antonio Business Journal said the buyer borrowed $15.5 million from Berkadia Commercial Mortgage to buy the complex. It previously was owned by Mosaic Residential, which bought the property for $19.6 million and was last assessed for $22.3 million by the Bexar County Appraisal District. 

Built in 2000, the property’s units average 952 square feet and rent for an average of $1,059 per month, or $1.11 per square foot, the journal reported citing Austin Investor Interests. 

The Parq on the Boulevard is the third San Antonio-area apartment complex in Allen Harrison’s portfolio, which includes 23 other properties in and around Houston, Dallas and Austin and the recently developed 306-unit Los Robles in Stone Oak and 11 others around Houston, the report said.

Mosaic still owns two apartment complexes in the San Antonio area along with 33 others around the Texas Coast and Houston, according to the report.

Munck advises Tyler Technologies on Courthouse Technologies acquisition

Plano-based Tyler Technologies Inc. acquired Canadian jury management systems provider Courthouse Technologies, or CHT, for an undisclosed sum.

Munck Wilson Mandala partner Randy Ray in Dallas was Tyler’s lead counsel on the deal and Vancouver firm Lawson Lundell represented Courthouse.

Tyler said CHT will complement and elevate Tyler’s software offerings for U.S. and international court clients.

“The acquisition of Courthouse Technologies strengthens Tyler’s courts and justice portfolio to better serve our clients and their communities,” Tyler CEO and Lynn Moore said in a statement. ”CHT is the strongest solution for jury management in the market.”

Founded in 2005 by Scott Kerr and Paul Arntsen, Vancouver, British Columbia-based CHT claims to be the first company to develop a commercial, off-the-shelf web application for jury management, with the industry’s only integrated, end-to-end software-as-a-service solution to manage juror management from source list generation to juror processing and payment. 

CHT’s solution serves court systems of all sizes and is used by a client base spanning 60 U.S. counties, 18 U.S. states (including five statewide agreements) and two Canadian provinces.

CHT management and staff will become part of Tyler’s courts and justice division and its employees are expected to remain in the current office space in Vancouver. Kerr will lead the business unit as general manager.

CAPITAL MARKETS/FINANCINGS

Gibson Dunn counsels Contango on $22M preferred stock PIPE transaction

Gibson Dunn & Crutcher said it counseled Contango Oil & Gas Co. on a preferred stock PIPE, or private investment in public equity, transaction valued at $22 million.

The corporate team included Houston partners Hillary Holmes, Tull Florey and Shalla Prichard and Houston associates Justine Robinson, Monika Kluziak and JP Lopez.  Houston partner James Chenoweth advised on tax aspects of the deal.

The placement agents were Intrepid and Cowen, who was represented by White & Case lawyers out of New York, including partner Stuart Bressman.

Houston-based Contango said a group of institutional and accredited investors agreed to sell 1.1 million of Series B contingent convertible preferred stock in a private placement, including around $7 million from affiliates of Contango chairman John C. Goff.

The proceeds will be used to fund part of the purchase price and related transaction expenses for the announced acquisition of oil and gas properties from bankrupt White Star Petroleum, formerly known as American Energy – Woodford.

Contango said its business is to use cash flow from its properties in the Gulf of Mexico, Texas, Oklahoma and Wyoming to explore, develop, exploit, increase production from and acquire oil and gas properties in West Texas, the Texas Gulf Coast, Oklahoma and the Rockies.

UPDATE/OTHER

Dallas telecommunications giant AT&T reached an agreement with billionaire activist investor Paul Singer’s Elliott Management last week that will allow Randall Stephenson to remain as chairman and CEO of the company through at least 2020. AT&T also will continue on with its plan for stock repurchases averaging more than 3% per year for the next three years, no more major acquisitions and $5 billion to $10 billion of asset sales next year. The company also committed to paying down all the debt from the Time Warner acquisition and expanding its margins to 35% by 2022. Axios reported the company also is looking for a new CEO for WarnerMedia, citing sources. A company spokeswoman wouldn’t comment on who provided legal work on the company’s dealings with Elliott. AT&T’s general counsel is David McAtee. 

***

Is Dallas-based Southwest considering buying another airline to gain access to new planes after its Boeing 737 Max aircraft were grounded for safety reasons? There were rumors of a possible pairing last week that carried into this week, with Alaska Airlines and JetBlue named as possible merger partners. The company hasn’t commented. Southwest’s chief legal officer is Mark Shaw, who has been at the company for 19-plus years.

***

More trouble in fundraising land for energy-focused private equity firms: Energy Capital Partners cut the fundraising target for its fourth flagship fund by 17% to $5 billion from $6 billion, according to a document filed with the Securities and Exchange Commission last week. The New Jersey-based private equity firm –which has an office in Houston – has raised $2.69 billion so far. Its last fund closed at $5.043 billion in 2014. Energy-focused NGP of Dallas also had challenges reaching targets for its last fund, its 12th, raising $4 billion out of a targeted $5.3 billion, which was the size of its last fund. NGP is partially owned by the Carlyle Group.

***

Another win for activists: Ohio-based Marathon Petroleum agreed to spin off its gas station business Speedway and have its CEO Gary Heminger retire next year after pressure from activist investors, including AT&T’s adversary Elliott Management, who thought the company was undervalued and needed change. Speedway could be valued at between $15 billion and $18 billion and is expected to have EBITDA of around $1.5 billion this year. Jones Day advised Marathon on the situation with attorneys out of Cleveland and New York and is advising it on its spinoff of Speedway.

***

One we missed last month: Sable Permian Resources’ announcement Oct. 17 that it was merging its assets with affiliate American Energy – Permian Basin after the completion of AEPB’s $2 billion debt recapitalization.

Kirkland & Ellis represented Sable and its sponsors, which include Energy & Minerals Group and OnyxPoint Global Management. The team was made up of partner Will Bos and associate Mitch McClellan; partners Matt Pacey, Bryan Flannery, John Pitts and David Thompson; partner Ana Rotman (litigation); and partner Rahul Vashi and associate Hannah Craft. 

Also weighing in were Kirkland partners Brian Schartz, who offices out of Houston and New York, and George Klidonas in New York.

Latham & Watkins represented AEPB, including Houston partner Michael Chambers and associates Om Pandya and Sam Bentley and a banking team made up of partner Catherine Ozdogan and associates Michelle Synhorst and Max Fin. Its finance team was in Los Angeles and Chicago.

Davis Polk represented the secured noteholders on the Sable restructuring. Katten Muchin Rosenman attorneys outside of Texas advised the special committee of AEPB’s board of managers.

Credit Suisse and Evercore provided financial advice to AEPB while Greenhill & Co. did so for the AEPB committee.

Former Baker Botts partner Laura Tyson is general counsel of Houston-based Energy & Minerals Group, an investor in AEPB along with alternative asset manager OnyxPoint Global Management, which led a $2 billion debt restructuring of the company in 2017. 

The American Energy family of companies was founded by Aubrey McClendon, the ousted CEO of Chesapeake Energy who died in a car crash in 2016 while facing federal bid-rigging charges.

John F. Wombwell is general counsel of Sable Permian, which he joined in 2017. The University of Texas graduate previously served in the same position at Freeport-McMoRan Oil & Gas in 2013 after the acquisition of Plains Exploration & Production Co., where he also was general counsel. Wombwell also was general counsel of two other publicly traded companies before Plains and a partner at Andrews Kurth.

Plains Exploration was headed by James Flores, who is chairman, CEO and president of Sable Permian. Sable’s board includes three representatives from Energy & Minerals Group (including Tyson) and two from OnyxPoint.

The recapitalization transaction cut AEPB’s debt obligations by about $1.4 billion and reduced its upcoming debt maturities over the next four years to around $36 million from $2.1 billion. It also eliminated $94 million of annual cash interest expense and simplified its organizational structure.  

Sable’s credit facilities were repaid and replaced with a consolidated and upsized $1 billion facility with an initial borrowing base of $700 million led by J.P. Morgan Chase.

***

Another private transaction that didn’t make it to us: EnCap Investments-backed Raisa Energy announced in September that it had closed what it called the industry’s first rated securitization of oil and gas wells, which it claims achieved an investment-grade rating and established a distinct, new asset class. 

Details weren’t disclosed and neither a Raisa spokesman nor Raisa CEO Luis Rodriguez would comment. Deal lawyers in Houston have been scratching their heads, wondering about the mechanics of the transaction and which law firm counseled Raisa on it. 

It turns out that Kirkland & Ellis associate R.J. Malenfant in Houston was on the team, according to his bio on the firm’s website (Malenfant joined the firm from Baker Botts in 2016). A Kirkland spokesman confirmed that the firm generally advised on the securitization.

The Denver-based company owns and leases mineral and non-operated working interests in oil and gas basins across North America. Raisa CFO Jeremy Cook said in a statement that company was excited to bring the transformative financial instrument to the oil and gas market.

Before joining Raisa in 2014, Rodriguez previously was head of business development at Brigham Resources, which was sold to sold to Diamondback Energy in 2017 for $2.6 billion. Cook used to work in finance at Triangle Petroleum, which filed for bankruptcy in May.

The Wall Street Journal reported last month that Raisa’s bonds will pay 6% interest on the best-quality wells with higher rates on riskier assets, citing sources. The newspaper said the bonds’ structure is similar to securities backed by mortgages and auto loans but pose potential risks because projecting the long-term output from shale wells remains “an inexact science.”

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