Kirby Chin focuses his practice on financing and debt transactions. He has substantial experience representing clients in transactions involving private and public debt financings, working with special distressed asset situations, and structuring and executing multi-layered debt tranches. Kirby represents finance firms, public and private companies, and hedge and private equity funds on matters that have included debtor-in-possession and exit financings; workouts and restructurings; private equity portfolio financings, including acquisition and leveraged buyout financings; traditional asset-based and working capital financings; cash flow financings; factoring and related transactions; term “B” financings; second lien and first-out/last-out financings; investment fund financings, including fund of funds financings; capital call and liquidity facility transactions; and subordinated and mezzanine debt offerings. He recently represented a U.S. finance company as agent in a syndicated senior secured revolving credit financing facility to a privately owned independent exploration and development company operating Appalachian region and an investment fund in a senior secured split collateral term loan financing facility to a firearms manufacturer. Kirby is also a member of the firm’s Energy Group and Distressed Investment Group.

Kirby has been recognized by The Legal 500 US, a listing of top lawyers by practice area. A member of the American Bar Association, the Asian American Bar Association of New York and the Commercial Law and Uniform State Laws Committee of the New York City Bar Association, he is often invited to speak at industry events. He recently presented on energy funds as a new growth area for private investment funds and on the annual financing and lending outlook for distressed markets. Kirby earned his J.D. from New York University School of Law, where he served on the Journal of International Law and Politics, and his B.A., cum laude, from New York University.

Representations

Domestic finance company, as agent, in a $515 million syndicated secured debtor-in-possession financing facility to a chemicals and resins company.

Domestic finance company, as agent, in a $125 million syndicated secured financing facility to an offshore oil and gas development and production company operating in the Gulf of Mexico and the North Sea of the United Kingdom.

Domestic ocean carrier, in a $275 million senior secured financing facility and a $250 million high yield bond offering in connection with a leveraged buyout.

Domestic finance company, in a $75 million senior secured term loan “B” facility to a supplier of mobile computing cases and related accessories.

Domestic finance company, as agent, in a $44 million secured financing facility to a pecan processor.

Domestic finance company, in a $190 million syndicated secured financing facility to an automobile hauling and transportation company to refinance an existing facility.

Domestic finance company, as agent, in a $102.5 million syndicated secured financing facility to an independent exploration and production company that develops and produces natural gas and crude oil in Texas, Louisiana and the Gulf of Mexico.

Airline service provider to major commercial airlines in a $150 million senior secured financing facility and a $130 million high-yield bond offering refinancing a leveraged buyout facility.

Publications

“Bank Leeway, Hedges Give Energy Companies Breathing Room: Schulte’s Karp, Chin,” Bloomberg Brief: Oil Buyer’s Guide, April 20, 2015 (interview)

Speaking Engagements

“Distressed Energy: What Have We Learned So Far?,” SRZ 4th Annual Distressed Investing Conference, New York, November 2015

SRZ Distressed Investment Opportunities in Oil and Gas Seminar, New York, March 2015

“New Growth Area: Energy Funds,” SRZ 24th Annual Private Investment Funds Seminar, New York, January 2015

“Financing and Lending Outlook for 2012,” Argyle Executive Forum Leadership in the Distressed Markets, New York, January 2012

“Ready to Start — Your First Assignment: Your Role, Their Expectations, and How to Succeed as a Junior Associate,” New York City Bar Association Boot Camp: Basic Training for Lawyers, September 2011

“Capital Structure Analysis,” SRZ Distressed Investing: Capital Structure Analysis and Debt Trading, New York, May 2009

“Acquiring and Financing Distressed Assets,” SRZ 18th Annual Private Investment Funds Seminar, New York, January 2009

Memberships

  • American Bar Association
  • Asian American Bar Association of New York
  • New York City Bar Association

Distinctions

  • The Legal 500 US
  • New York Super Lawyers