Kevin Simard has extensive experience in connection with all aspects of secured financing transaction, including structuring, documentation, work out and restructuring and bankruptcy. He regularly represents agents and lenders in connection with large syndicated loan transactions, club deals and single lender transactions. Mr. Simard represents lenders with respect to both revolving credit and term loan facilities and has particular experience in asset based transactions especially in the retail finance industry.
Mr. Simard is recognized in The Legal 500 as a leading lawyer for Corporate Restructuring and listed in Chambers USA and Best Lawyers in America.
Finance: Mr. Simard has extensive experience in representing financial institutions, investment funds and other lenders in all aspects of secured financing transactions, including, revolving credit facilities, term loans and second lien facilities. In addition to his significant experience in structuring and documentation of secured credit facilities, Mr. Simard has years of experience in representing lenders in workouts, restructuring and insolvency matters. Mr. Simard routinely represents both revolving credit lenders and term lenders in connection with intercreditor issues. His prior experience as a commercial litigator brings a unique skill set and view point in handling not only the work outs of problem loans but also the initial structuring of credit facilities. Mr. Simard has a particular focus in the retail finance industry.
Bankruptcy & Restructuring: Mr. Simard has over 20 years experience in handling all aspects of bankruptcy matters for various lender in connection with asset based transactions, real estate matters and technology companies. His extensive experience includes representation of lenders in connection with cash collateral disputes, debtor-in-possession financing, 363 sales, avoidance actions and the plan process.
· Counsel to agent in connection with $360 million multiple tranche credit facility to national sporting goods retailer.
· Counsel to agent in connection with $100 million revolving credit facility to publically traded national apparel retailer with over $1 billion of annual sales.
· Counsel to agent in connection with $600 million debtor-in-possession revolving credit facility to major national retailer.
· Counsel to agent in connection with $700 million senior secured credit facility to publicly traded national retailer.
· Counsel to agent in connection with $85 million senior secured credit facility for acquisition and continued working capital needs for large retail chain.
· Counsel to agent in connection with $150 million United States and Canadian senior secured revolving credit facility for privately held national retail chain.
· Counsel to Tranche B lender in connection with $380 million debtor-in-possession credit facility to publicly traded national retail chain.
· Counsel to term loan agent in connection with $100 million term loan to consumer receivable finance company.
· Counsel to term loan agent in connection with $90 million term loan to national book store chain and subsequent $55 million debtor in possession credit facility.
· Counsel to agent in connection with $50 million acquisition financing of manufacturing company.
· Representation of various revolving credit lenders and term lenders in connection with secured credit facilities to retail chain stores, manufacturers, supply companies, high tech companies, and other businesses.
· Representation of various secured lenders in connection with Chapter 11 proceedings of manufacturing companies, building supply companies, small ticket leasing companies, timeshare developers, high tech companies, and retail chains with respect to debtor-in-possession financing, cash collateral disputes, § 363 sales, confirmation matters, and other aspects of borrower’s bankruptcies effecting lenders.
· Representation of various secured, unsecured, and cash flow lenders in connection with restructuring of troubled loans secured by business assets and real estate.
Professional and Community Involvement
Mr. Simard is an active member of the Boston Bar Association as well as the Turnaround Management Association.