Kenneth V. Herz

Partner

Houston


1221 McKinney Street
Suite 2100
Houston, Texas 77010
T +1 713.547.2542
F +1 713.236.5675

Kenneth V. Herz

Mr. Herz is a partner in the Financial Transactions group, and concentrates his practice in the representation of commercial and investment banks, hedge funds, and other capital sources.

Mr. Herz received his J.D. from Columbia University in 1996, where he won the mock trial competition and received the Jerome Michael Jury Trial Award for excellence in trial advocacy. Mr. Herz received his B.A. from Rice University in 1993.

Mr. Herz has:

  • Represented agents, lenders, and borrowers in secured and unsecured syndicated loan transactions involving revolving credit facilities, term loans, and letters of credit.

  • Structured syndicated credit facilities to private equity funds secured by the right to call capital from investors.

  • Advised hedge funds in connection with distressed financings.

  • Negotiated loan workouts, restructurings, and debtor-in-possession and exit facilities.

  • Represented lenders and borrowers in asset-backed and reserve-based financings, acquisition financings, and second lien credit facilities.

Honors

  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition 2009-2010

Selected Representative Experience


$11.8 Billion Credit Facilties in Connection with Spinoff of Largest Independent U.S. Oil Refining Company
Represented the joint lead arrangers and bookrunners on the $11.8 billion syndicated financing ($4 billion revolving credit facility, $5 billion bridge loan, and $2.8 billion term loan) for Phillips 66, in connection with its spin off from ConocoPhillips to become a separate publicly traded company and largest independent refiner in the U.S.

$2 Billion Syndicated Credit Facility for Master Limited Partnership
Represented lead arranger and administrative agent in connection with $2 billion syndicated credit facility for Enbridge Energy Partners, L.P., a publicly traded master limited partnership that owns and operates oil and natural gas transportation, storage, processing and marketing assets.

$1.5 Billion Capital Commitment Subscription Financing - Major U.S. Financial Institution
Served as lead counsel for lead arranger and administrative agent in arranging a $1.5 billion capital commitment subscription financing.

Debtor-in-Possession and Exit Financing
Represented the administrative agent in connection with the negotiation and documentation of debtor-in-possession and subsequent exit financing for a manufacturer and supplier of building materials.

$1.3 Billion Acquisition Facility
Represented the administrative agent and arranger in a $1.3 billion secured acquisition facility to a publicly-held manufacturing company involved in the packaging and ceramics business.

$400 Million Secured Facility - Resort Owner’s Operator and Developer
Represented the administrative agent and lead arranger in a $400 million secured credit facility with a leading resort owner, hotel manager, and real estate developer.

$1.5 Billion Syndicated Credit Facilities - Natural Gas Industry
Representation of the administrative agent, lead arranger, and book manager, on a $700 million unsecured syndicated term loan facility and a $800 million unsecured syndicated revolving credit facility for a natural gas exploration and production, gas gathering, processing and storage, and energy trading company.

FX Luxury Las Vegas, LLC - Bankruptcy
Representation of second lien agent and certain second lien (junior) lenders in the FX Luxury Las Vegas I, LLC bankruptcy case in the Las Vegas, Nevada bankruptcy court. Successfully obtained ownership for the firm's clients of a seventeen-acre property located on the Las Vegas strip across from City Center.

Receivables - Securitization
Acted as principal counsel for a publicly-traded metals recycling and steel company and its subsidiaries in documenting and consummating a $200 million account receivables securitization financing.

Memberships

  • State Bar of Texas
  • American Bar Association
  • Houston Bar Association

Online Publications

04/06/2009 - Public-Private Investment Program
On March 23, 2009 the Treasury Department, in conjunction with the Federal Deposit Insurance Corporation (“FDIC”) and the Board of Governors of the Federal Reserve System (the “Federal Reserve”), announced the creation of the Public-Private Investment Program (“PPIP”), which is designed to provide public support to catalyze the purchase and sale of legacy assets through Public-Private Investment Funds (“PPIF”).