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Secured Transactions 2014: What Lawyers Need to Know About UCC Article 9

 
Author(s): Penelope L. Christophorou, Kenneth Chin
Practice Area: Corporate & Securities
Published: Jan 2014
PLI Item #: 48161
CHB Spine #: A966

Kenneth Chin counsels and represents lenders and borrowers in connection with corporate and financing transactions.

For more than 30 years, Mr. Chin has provided legal and transactional advice to a diverse group of clients, including many of the world’s leading commercial banks; investment banks; debt fund affiliates of major hedge funds and private equity firms; other alternative lenders; and borrowers, in large complex transactions such as leveraged buyouts, recapitalizations, acquisitions, refinancings, debtor-in-possession financings, workouts and foreclosures.  Mr. Chin’s work on behalf of these clients includes:  secured credit facilities for cash flow loans, asset-based loans and reserve-based loans; bridge loan facilities; second lien facilities; high-yield bond offerings; convertible bond offerings; securitization facilities; insurance premium finance facilities; debtor-in-possession facilities; and mezzanine facilities.

Among his most notable work, Mr. Chin represented the agent and arranger in connection with a $1.5 billion credit facility to a financial institution and $1.1 billion in term and revolving loan facilities to a group of manufacturing companies.  He also represented Alvogen and its affiliates in connection with approximately $900 million of credit facilities and Gener8 Maritime in connection with over $2 billion of vessel financings.

Mr. Chin is a fellow of the American College of Commercial Finance Lawyers. Chambers USA has also recognized him in the areas of banking and finance, lauding him as a lawyer who, according to clients, is “very knowledgeable” and “very creative … in finding solutions,” and who “takes very good care of clients.”  (Chambers USA 2014)  In 2014, he was named one of 50 Outstanding Asian Americans in Business by the Asian American Business Development Center.


Ms. Christophorou is counsel at Cleary Gottlieb Steen & Hamilton LLP, based in its New York office.  Ms. Christophorou’s practice focuses on commercial financing, including secured transactions and bankruptcy law, derivative products and structured finance.  She represents leading financial institutions, corporate borrowers, private investment funds and sovereign clients on these matters.

Ms. Christophorou often chairs or speaks at leading conferences on matters involving commercial finance. 

Ms. Christophorou received a J.D. degree, magna cum laude, from Harvard Law School and an undergraduate degree, magna cum laude, from the Georgetown University School of Foreign Service. From 1994 through 1995, Ms. Christophorou served as law clerk to the Honorable Joanna Seybert in the U.S. District Court, Eastern District of New York

Ms. Christophorou is a member of the Council of the American Bar Association Business Law Section, the Section’s governing body.  From 2009 to 2012, Ms. Christophorou was chairperson of the Uniform Commercial Code Committee of the American Bar Association. She previously was chairperson of its Investment Securities Subcommittee. 

 Ms. Christophorou served as chairperson from 2000 to 2003 of the Uniform State Laws Committee of The Association of the Bar of the City of New York. Ms. Christophorou is a fellow of the American College of Commercial Finance Lawyers and is on its Executive Committee.

Ms. Christophorou currently serves on the Board of Directors of the Brooklyn Bridge Park Conservancy, a non-profit organization and is a member of its Executive Committee.  She is also  chair of the State Legislative Reform Working Group of Citizens Union, a non-profit organization that works to enhance good governance in New York City and New York State.

Ms. Christophorou is a member of the Bar in New York. Ms. Christophorou’s native language is English, and she is fluent in modern Greek.