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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: 8 Deals, 10 Firms, 50 Lawyers, $6.9B

June 29, 2020 Allen Pusey

It’s not exactly news that the Texas oil & gas industry could use some good news. But that may have come Friday with the emerging possibility that the benchmarking of Texas oil may actually start happening in Texas.

Explain, you say.

April 20 was the day oil prices went south. They didn’t just drop, they plummeted, with the May WTI contract ending that day at -$37.63 bbl.

The proximate cause was the collapse of worldwide demand packed with the collapse of an agreement on scaled-back production levels between OPEC+ and Russia. But some analysts believed at the time that the real problem with the breathtaking negative benchmark was the way West Texas crude oil is priced in the first place.

Low in sulfur and viscosity, West Texas oil is highly valued because it is so easily refined. But its price is not set in West Texas; it’s set in Cushing, Oklahoma, the hub of a host of pipelines, terminals and storage tank facilities — so many that Cushing refers to itself as “The Pipeline Crossroads of the World.” And in 1983, the New York Mercantile Exchange (NYMEX) agreed and chose Cushing as the physical point benchmarking nearly all oil futures produced in North America.

But in the last decade or so, analysts have complained about the “landlocked” nature of the current WTI benchmark. The problem is that the WTI pricing floor is ultimately dependent on Cushing storage capacity: If demand is up, the oil moves out of Cushing; if demand drops, what’s piped to Cushing stays in Cushing. Once capacity is reached, the nearest alternative sits 500 miles south along the Texas Gulf Coast where international tankers await to potentially absorb and transport excess supply to international points of demand.

So, on Friday without a great deal of fanfare, two major price reporting agencies, S&P Global Platts and Argus Media launched their own benchmarks for West Texas crude, both based on pricing at the Texas Gulf Coast and both angling to avoid the shortcomings of the WTI.

The new Platts American GulfCoast Select (AGS) benchmark will represent the value of waterborne light, sweet crude delivered from the Permian by various pipelines (Midland-to-ECHO I & II, Gray Oak, Longhorn, BridgeTex, etc.) and loaded from various Texas ports FOB 15 to 45 days from the day of assessment.

In essence, it’s much like the Brent benchmark which prices waterborne North Sea oil at the Brent Complex in the Shetland Islands.

“Platts AGS at last brings the U.S. market a Brent of its own,” said Vera Blei, global director of oil at S&P Global Platts. “This new benchmark reflects the value of US crude oil that is on the water, internationally connected and free from the distortions of domestic infrastructure economics.”

Argus Media also launched their new benchmark called American GulfCoast Select. The concept is a similar effort to free oil pricing from the confines of Cushing, but the pricing sources are not as broad as the Platt and its methodology will include a differential tethered to Cushing prices to make it hedge-friendly on the NYMEX. 

Other attempts have been made to benchmark Texas oil outside Cushing, but they never really caught on. But both S&P Global and Argus arrive with “Black April” still fresh in market memories — and timing, after all, is everything.

Texas deal-making last week remained a close fit with these complicated times, with only eight new deals worth $6.9 billion.

The week before last there were 12 deals worth $4.4 billion. And this time last year, there were 23 deals worth $8.3 billion involving 15 firms and 154 Texas lawyers.

But even the biggest deal this past week was a discounted reboot of a merger announced last December. Two other deals involved bankruptcy or the prospect of bankruptcy. And several others involved exchanges that rescheduled or extended debt.

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

Still, the week meant work for 50 Texas lawyers at 10 different firms. The transactions included five deals on the M&A/Funding side worth $4.8 billion and three deals involving capital markets worth $2.1 billion.

M&A/FUNDING/VENTURE CAPITAL

Waste Management, Advanced Disposal Reboot Merger at $4.6B

Houston-based industry giant Waste Management, Inc. announced June 24 that it had agreed with Advanced Disposal Services Inc. to adjust the price of their proposed merger from $4.9 billion to $4.6 billion.

The two companies also agreed to sell an estimated $835 million in assets to a Canadian waste removal firm as part of a divestiture agreement designed to secure antitrust clearance for their massive merger from the Department of Justice.

The merger, first announced in April 2019, had been seen as a potential casualty of the COVID-19 pandemic when it failed to close as anticipated during the first quarter of 2020. As part of the new agreement, Waste Management and Advanced Disposal agreed to a new walkaway date of Sept. 30, 2020 with a pre-approved postponement to Nov. 30 if DOJ antitrust approval is still in process.

Simpson Thacher counseled Waste Management on the revised agreement, including seven lawyers from the firm’s Houston office: M&A partner Chris May and associates Jacqui Bogucki, Nate Bascom, Hunter Hampton, and Braxton Pitts (M&A), along with capital markets partner Brian Rosenzweig and associate Brian Mathes.

Vedder Price is also advising Waste Management, while Centerview Partners is its exclusive financial advisor. UBS Investment Bank is serving as exclusive financial advisor to Advanced Disposal, and Shearman & Sterling and Mayer Brown are serving as Advanced Disposal’s legal counsel.

Under terms of the new agreement, Waste Management will acquire Advanced Disposal for $30.30 per share in cash, reducing the price of the original agreement of $33.15. The $4.6 billion value of the new agreement includes the assumption of approximately $1.8 billion debt, slightly less than the estimated $1.9 billion debt assumption that was part of the original agreement.

As part of the new agreement, the companies also announced that Canada-based GFL Environmental has agreed to acquire a combination of Advanced Disposal and Waste Management assets for $835 million. At least $300 million of those assets represent anticipated divestures required for federal approval of the deal.

Waste Management is the largest solid waste company in the U.S. Advanced Disposal, based in Ponte Vedra, Florida, is the fourth largest.

V&E Advises Talos Energy on $65M Asset Acquisition

Talos Energy announced June 22 the acquisition of 16 assets from Castex Energy 2005 for a total of $65 million, including an issuance of shares and $6.5 million in cash. Though the transaction is effective April 1, closing is not expected until the third quarter.

Vinson & Elkins advised an affiliate of Houston-based Talos with a team led by partners John Grand and Lande Spottswood. The team also included counsel Tan Lu and associates Erin Mitchell and Helen Xiang. Also advising were partners Ramey Layne (corporate); Jason McIntosh and David Peck (tax); Larry Nettles and Matthew Dobbins (environmental); and Brian Moss and Guy Gribov (finance).

Intrepid Partners advised Castex Energy 2005 in the transaction.

The bulk of the $65 million bolt-on transaction price is to be paid through the issuance of approximately 4.95 million Talos Energy common shares at closing.

Talos also announced that its borrowing base has been reduced 14%, from $1.15 billion to $985 million. As of May 31, Talos had approximately $121 million in cash on hand and $650 million drawn on the $985 million borrowing base.

The newly acquired assets are familiar to Talos, an independent exploration and production company specializing in offshore properties. They include operatorship of at least 11 of fields already acquired in February, and most were originally discovered or operated by current Talos management.

The company says that it plans to hedge “a significant portion” of the volumes obtained from the new assets to secure more favorable pricing of their output. The company said the new assets generated approximately $31.2 million over the year ending March 31.

Talos president and CEO Timothy S. Duncan commented: “We are very pleased with the continuing strong support we’ve received from our bank group considering the historic dislocation in our industry in recent months.”

Kirkland Represents KKR in Acquisition of Environmental Dynamics International Inc.

XPV, a wastewater treatment platform backed by KKR and XPV Water Partners, announced June 23 that it had acquired a Missouri-based company that specializes in researching and developing waste-treatment technologies.

Nexus Water Holdings, a joint venture between KKR and XPV, acquired Environmental Dynamics International, headquartered in Columbia, Missouri. Terms were not disclosed.

Nexus Water was advised by a Kirkland & Ellis team led out of the firm’s Houston office by John Pitts and Kyle Watson. Pitching in were associates Zach Savrick and Maggie Hoffman.

Nexus Water Holdings was established last year for the acquisition of two water treatment companies, Environmental Operating Solutions, Inc. and Nexom, Inc. The new entity, EDI, will be absorbed by Nexom, headquartered in Winnipeg.

EDI specializes in aeration and biological treatment solutions for municipal and industrial wastewater in the form of diffuser aeration systems used in over 7,000 installations across 100 countries.

Vinson & Elkins Advises OJO Labs on Movoto Acquisition

Austin-based AI startup OJO Labs announced June 26 that it had not only acquired Movoto, a tech-driven interactive residential real estate site, but it had attracted $62.5 million in funding to do so.

Vinson & Elkins advised OJO Labs on the acquisition with a team led by Austin venture capital partner Wes Jones with help from Austin associates Kate Rainey Willson and Chris Kirby. Also advising were partner Todd Way, senior associate Brian Russell and associate David Gilbert (tax); partner Devika Kornbacher and senior associate Ben Cukerbaum (technology/IP); partner Shane Tucker and associate Austin Light (executive compensation/benefits); and partner Sean Becker and senior associate Alex Bluebond (labor/employment).

Founded in 2015 by John Berkowitz and David Rubin, OJO Labs specializes in the use of artificial intelligence in tech platforms for brokers, agents and loan officers. The company said the acquisition of Movoto enables OJO Labs to expand its platform with scalable personalized technology for homebuyers and sellers.

In connection with the acquisition, OJO Labs also announced that it had closed on $62.5 million in a funding round led by Wafra with participation from Breyer Capital, LiveOak Venture Partners, Royal Bank of Canada and Northwestern Mutual Future Ventures.

“The way people buy and sell homes is changing,” said Jim Breyer, Founder and CEO of Breyer Capital, a former Facebook and Walmart board member. “This evolution has been expedited by recent events, and the real estate industry is on the cusp of something new in the wake of COVID-19. With a clear vision for the future and the technology to back it up, I believe OJO Labs is poised to be a leader in the next era of the home buying industry.”

Akin Gump Advises Tapstone in $65M Bid for Templar Assets

Tapstone Energy LLC, recently emergent from bankruptcy, has announced it is making a $65 million stalking horse bid for substantially all the assets of cross-town Oklahoma City producer Templar Energy.

Templar, whose assets are primarily in the Anadarko Basin, filed for Chapter 11 protection June 1. Tapstone emerged from bankruptcy in April.

Akin Gump announced June 25 that it is representing Tapstone in its bid for Templar. Leading the team are New York partner Dan Fisher, head of Akin Gump’s integrated special situations group, along with restructuring partner Sarah Schultz of Dallas.

The Templar bid caps the completion of Tapstone’s restructuring plan in which its lenders agreed to exchange secured debt for common equity and a four-year $145 million loan. In addition, nearly all (99.5%) of the company’s 9.75% 2022 senior noteholders likewise agreed to exchange their existing notes into common equity and a new four-year $5 million unsecured term loan.

Key in the Templar bid, however, was a $50 million preferred equity investment by Kennedy Lewis Investment Management ear-marked by management for acquisitions.

By wiping out $450 million of principle debt, Tapstone was left with over $60 million in liquidity and a vastly deleveraged balance sheet.

“The outcome of this process establishes Tapstone as an entity ready to consolidate assets in the Mid-Continent,” CEO Steve C. Dixon said in a written statement at the time. “We are eager to turn our focus on acquiring producing properties and evaluating merger candidates.”   

By contrast, Templar has a history of high-dollar troubles since its founding in 2012 by David Le Norman, current chairman of the Oklahoma Petroleum Alliance. Le Norman stepped down as its chairman last year.

Backed by Ares Management and Bain Capital, Templar has revealed in filings that top lenders of approximately $426 million can expect to receive no more than 21 cents on the dollar, according to the Wall Street Journal.

Just four years ago, Templar negotiated the elimination of $1.45 billion in debt as part of an out-of-court restructuring.

Beginning in February, Templar had been openly shopping its Anadarko assets, but decided to file for bankruptcy in Delaware after the market was rocked by an oil and gas price collapse. In a statement the company said it had secured DIP loans of $25 million to keep it operating.

Paul, Weiss, Rifkind, Wharton & Garrison is advising Templar in the bankruptcy. Guggenheim Securities is acting as the Company’s investment banker, with Alvarez & Marsal North America, LLC is acting as financial advisor.

CAPITAL MARKETS/RESTRUCTURING

Martin Midstream Partners Announces $323M Restructuring Support Agreement

Martin Midstream Partners announced June 26 that it had entered into a restructuring support agreement with its major noteholders, an agreement that includes the possibility of a Chapter 11 filing if an anticipated change of notes fails to take place.

Akin Gump Strauss Hauer & Feld is outside counsel for Martin Midstream and its subsidiaries, and Stephens Inc. is serving as the company’s financial advisor.

Skadden Arps is representing the note holders with a team from New York and Washington, D.C.

Headquartered in Kilgore, Martin Midstream Partners provides terminalling, storage and packaging for petroleum products, including land and marine transportation services on the Texas Gulf Coast. The company also manufactures specialty products sulfur-based products and fertilizer and liquid natural gas.

The agreement includes Martin Midstream’s general partner, Martin Midstream GP, as well as its subsidiaries: Martin Midstream Finance Corp., Martin Operating GP, Martin Operating Partnership LP, Redbird Gas Storage, Talen’s Marine & Fuel, and Martin Transport, Inc.

The agreement is with note holders that that beneficially own over 62% of the company’s 7.25% Unsecured Notes due 2021.

The company contemplates an out-of-court offer to exchange the existing notes for a combination of cash, 11.50% Senior Secured Second Lien Notes due 2025 and rights to acquire 10.00% Senior Secured 1.5 Lien Notes due 2024. In addition, the company will attempt to renegotiate some of the restrictive covenants in the existing notes. Aside for those changes in documentation, closing is also contingent on a tender of at least 95% of the existing notes in the exchange. If the closing doesn’t take place, the company said it will proceed to file for bankruptcy protection under Chapter 11.

Ruben Martin, president and CEO of Martin Midstream, said the agreement, “Demonstrates the confidence our bondholders have in our leadership team and the vision we have for the Company.” He said the transactions would increase the company’s financial flexibility.

“In these times of both macroeconomic and social challenges, we are appreciative of the support of the bondholders for our long-term success,” Martin said.

Baker Botts Represents Sunnova in Securitization of Solar Loans

Sunnova Energy International Inc., the Houston-headquartered residential solar energy service provider, announced June 22 that it had securitized two tranches of solar loans totaling $158.5 million.

The company said the transactions included its sixth residential solar securitization. As it has in previous securitizations, Sunnova was advised by Baker Botts.

The Baker Botts team was led by Houston partner Travis Wofford and partner Martin Toulouse in New York. Tax advice was provided by Houston partners Michael Bresson and Renn Neilson, as well as Austin partner Jon Nelsen. Kris Benskin in Houston provided ERISA support, while Houston-based partner Danny David provided additional advice.

Latham & Watkins Advises Total S.A. in $1.6 Billion Bond Offering

Latham & Watkins said June 25 that its Houston office is advising Paris-based Total S.A. in two note offerings worth $1.6 billion.

The broad-based energy conglomerate, active in 130 countries, is offering $800 million of 2.986% Guaranteed Notes Due 2041 and $800 million of 3.386% Guaranteed Notes Due 2060, in each case to be issued by Total Capital International and guaranteed by Total S.A.  

The Latham team advising Total S.A. in the offering is led by Houston partner Ryan Maierson, along with Houston associates Ryan Lynch and Katie Walker. Tax advice was provided by Houston partners Tim Fenn and Bryant Lee, with Houston associates Jared Grimley and Marianne Standley. Lawyers from Latham’s Paris office also assisted.

Allen Pusey

Allen Pusey is a senior editor and writer at The Texas Lawbook.

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