- International Practice
- Securities Regulation
- Climate Change
- Financial Institutions
- Labor and Employment
- Strategic Communications
- Corporate and Securities
- Financial Restructuring
- Educational Institutions
- Private Funds
- Intellectual Property
- Public Finance
- White Collar Defense
- Environmental Strategies
- Internal Investigations
- Real Estate and Projects
Christopher D. Olive
Christopher (Chris) Olive concentrates his practice on loans, structured financings, swaps and derivatives, financial products and commodity-related transactions, and related regulatory matters.
Chris represents clients as agents, lenders, loan participants and borrowers on loan transactions such as working capital, acquisition and development revolving and term loan facilities, acquisition, asset-based and energy and non-energy commodity-related loan transactions, real estate acquisition and construction loan transactions, securities inventory financings, margin loan transactions, securities lending transactions and loan participation facilities involving the above referenced types of loans.
Chris also represents clients as purchasers, sellers, issuers, servicers and custodians on asset-backed financings and structured financing and financial asset transactions such as loan and receivables purchase, sale and servicing transactions, asset securitization facilities, asset-backed loan facilities, loan warehouse facilities, master repurchase and reverse repurchase facilities and transactions, loan portfolio and servicing rights purchase and sale transactions, and purchases and sales of interests of whole mortgage loans and mortgage-backed securities and other asset-backed securities and certificates, and other financial asset purchase, sale and servicing transactions. Chris has experience with various asset classes, including mortgage loans, auto loans, energy-related receivables, commercial and life insurance premium finance loans and life insurance policies, and in creating special purpose entities and structuring transactions to satisfy legal and accounting true sale requirements and legal nonconsolidation requirements.
Chris concentrates a significant part of his practice to representing clients on swaps, options and other derivatives and foreign exchange facilities and transactions and related bank and CFTC regulatory matters; crude oil and other commodity purchase, sale, supply, storage, hedging and monetization facilities and transactions; synthetic, true and financial leasing transactions; and forming special purpose entities which engage in these types of facilities and transactions. Chris has experience with ISDA Master Agreements, Credit Support Annexes, master confirmations and other long-form confirmations, LEAP, NAESB, EEI and CTA master agreements, and warrants and other customized option agreements; energy-related purchase, sale and leasing agreements; and creating and structuring other bespoke and customized derivatives and commodities-related purchase and sale, trading, services, collateral and master netting and set-off agreements and arrangements.
Chris has experience in distressed and special situations involving, and on workouts and restructurings of and intercreditor agreements and issues relating to, the above described facilities and transactions.
Chris’s diverse transactional and regulatory experience enables him to effectively represent clients on creating, structuring and negotiating different types of complex, bespoke and customized facilities and transactions.
Chris is also a member of the firm’s opinions committee and focuses on secured financing, true sale, nonconsolidation and netting opinions.
Loan Facilities and Transactions
Bank as administrative agent and lender on syndicated secured revolving and term loan facility to private investment fund as borrower involving life settlement assets.
Bank as administrative agent and lender on revolving loan facility to public equipment services company as borrower.
Bank as administrative agent and as lender on revolving and term loan facility to management group as borrower to finance leveraged buyout of restaurant chain.
Bank as administrative agent and lender on syndicated secured revolving and term loan facilities to private oil and gas production companies as borrowers.
Bank as lender on term loan facility to private bank holding company as borrower.
Bank as lender on term loan facility to broker-dealer as borrower to finance acquisitions of other broker-dealers and investment advisers.
Bank holding company as borrower on syndicated unsecured revolving loan facility.
Public company as borrower on syndicated unsecured multicurrency revolving loan facilities.
Private specialty finance company as borrower on revolving loan facility.
Real estate funds and affiliates as borrowers and guarantors on CMBS-type acquisition and construction loan facilities.
Private restaurant franchising company as borrower on syndicated secured multitranche term loan and revolving loan facility.
Private hospitality company as borrower on multiple restaurant term loan financings and restructurings.
Private telecommunications company as borrower on secured revolving loan facility.
Private investment fund as borrower on secured subscription rights / capital call loan facility.
Institutional investor as seller of distressed unsecured high yield notes to private investment fund.
Special purpose company as seller of senior secured notes to private investment fund involving life settlement assets.
Public commodities company as borrower on DIP financing.
Public telecommunications company as borrower on DIP financing.
Banks and broker-dealers as lenders and borrowers on securities inventory loan facilities.
Banks, broker-dealers and private investment funds as lenders and as borrowers on securities lending facilities and transactions.
Banks, private companies and private investment funds as lenders and borrowers on margin loan facilities and transactions.
Banks, specialty finance companies, institutional investors and private investment funds as purchasers and sellers of ownership interests and participation interests in syndicated loans using LSTA standard loan and loan participation par and distressed purchase and sale documentation and in single bank loans and loan participations using customized loan participation documentation, and claims relating to loans of borrowers in bankruptcy proceedings, using customized purchase and sale documentation.
Structured Financings and Financial Assets
Banks and broker-dealers as sellers on master repurchase facilities involving residential mortgage-backed securities.
Bank as buyer on master repurchase facility involving residential mortgage loans and mortgage-backed securities.
Banks as sellers on master securities forward purchase agreement involving residential mortgage-backed securities.
Broker-dealer as seller in master repurchase facilities involving U.S. Treasury securities.
Bank as seller on post-default restructuring of master repurchase facility involving various debt securities.
Private investment funds as sellers on master repurchase facilities involving various debt securities.
Private investment fund and affiliates as seller, servicer and guarantor on master repurchase facility involving tax liens.
Private investment fund and affiliates as note and loan participation purchasers and joint venture parties on joint venture with another private investment fund in multiple residential mortgage loan purchase and sale, servicing and securitization facilities.
Banks, thrift institutions and other financial institutions as purchasers, sellers and servicers in residential mortgage loan and loan participation purchase, sale and servicing facilities and other mortgage loan warehouse facilities.
Banks and thrift institutions as purchasers of servicing rights relating to residential mortgage loan portfolios.
Specialty finance company as purchaser of servicing rights relating to insurance premium finance loan portfolios.
Bank as senior tranche certificateholder in restructurings of payment rights under pooling and servicing agreements involving residential mortgage-backed securities.
Bank affiliate as issuer of synthetic collateralized debt obligations involving residential mortgage-backed securities.
Bank as purchaser of auto loan specialty finance company and purchase and assumption of related auto loan receivables securitization facilities.
Specialty finance company as seller, servicer and custodian in auto loan purchase, sale and servicing transactions.
Specialty finance company as borrower and servicer in warehouse loan facility involving purchase, sale, financing and servicing of auto loans.
Private investment fund as lender to auto loan finance company on asset-backed loan facility.
Specialty finance company as lender to private investment funds as borrowers to finance the acquisition and holding of life insurance policies.
Specialty finance company as issuer and servicer on securitization facility involving commercial insurance premium finance loans.
Specialty finance company as purchaser and as seller and servicer on loan participation purchase, sale and servicing facilities involving commercial insurance premium finance loans.
Specialty finance company as purchaser of equity interests of commercial insurance premium finance companies, and as purchaser of commercial insurance premium finance loan portfolios of premium finance companies.
Specialty finance company as lender on life insurance premium finance loan programs.
Specialty finance company as seller on life insurance premium finance loan participation programs.
Specialty finance company as intermediary in structured life insurance policy purchase, sale, forward purchase and put option facilities.
Energy companies as purchasers and sellers on receivables purchase and sale facilities involving crude oil and natural gas receivables.
Private investment fund as lender to energy company to finance energy-related receivables.
Private investment funds as purchasers and sellers of life insurance policies in life settlement transactions and sellers of participation interests in life policies and related death benefits.
Parties in various capacities on formation and structuring of private investment funds, including master feeder structures and investments in such funds by sponsors providing seed capital to such funds and special purpose entities, focused on structured finance and financial product facilities and transactions.
Swaps and Derivatives
Bank as commodity swap provider to utility company on committed first lien / second lien natural gas hedging facility recognized as Deal of the Year by Energy Risk Magazine.
Banks as commodity swap providers to oil and gas production companies.
Banks and other financial institutions on interest rate, foreign exchange and commodity derivatives platforms and transactions for their customers and entering into related correspondent hedging facilities and derivatives services agreements with other financial institutions to hedge and support customer derivatives transactions and related collateral arrangements.
Private investment funds on total return swaps involving loans and loan participation interests as reference obligations.
Private investment funds on financially-settled and physically-settled credit default swap transactions involving bonds as reference obligations and related intercreditor arrangements, and on total return swap transactions involving equity baskets and indices.
Private investment funds on synthetic prime brokerage facilities involving equity swaps based on U.S. and foreign equities and equity baskets and related collateral arrangements.
Broker-dealers, banks, private investment funds and other companies on principal and agency platforms for FX spot, deliverable and non-deliverable FX forward transactions and FX swap transactions with customers, and on FX spot and option master give-up and reverse give-up arrangements with customers, prime brokers, liquidity banks and hedge providers.
Banks and borrowers, including special purpose entities, on various interest rate and commodity swap and option transactions in connection with syndicated and single bank credit facilities, loan warehouse facilities, bond and note offerings, and infrastructure / project financings.
Dealers and end-users clients on derivatives transactions contained or entered into by end-user counterparties in bankruptcy proceedings.
Public and private companies and private investment funds on equity derivatives transactions including accelerated share repurchase transactions, synthetic convertible note transactions, equity call spread transactions relating to issuances of convertible securities, total return swaps involving equity securities and baskets / indices, and other equity derivatives transactions involving the forward sale and monetization of equity securities and equity option transactions.
Swaps and derivatives transactions with and involving Texas governmental and other non-profit entities, including state and local public pension funds and retirement systems and healthcare systems and facilities.
Dealer and end-user clients on other structured and plain vanilla interest rate, foreign exchange, equity, commodity and credit derivatives transactions.
Dealer and end-user clients on early terminations and close-outs of swaps and derivatives transactions and related disputes (including determinations of Loss and Close-Out Amounts), exercising set-off, netting and other rights and remedies in swaps and derivatives transactions and utilizing swaps-related safe harbor provisions under the U.S. Bankruptcy Code and U.S. Federal banking laws, mitigating exposure in swaps and derivatives transactions to distressed counterparties, swaps and derivatives collateral and collateral valuation disputes, and transfers of swaps and derivatives-related claims.
Dealer and end-user clients on various regulatory matters arising from or under Dodd-Frank Act Title VII and CFTC regulations issued under the Dodd-Frank Act.
Dealer and end-user clients on other regulatory matters arising from or under other CFTC and derivatives exchange regulations and rules, including exchange of futures for physicals (EFP) transactions, position limits, segregation requirements, margin requirements, and physical delivery requirements.
Crude Oil and Other Commodities
Bank affiliate as intermediary on committed crude oil purchase and sale facility to U.S. refinery owned by investment funds and related crude oil storage and hedging arrangements.
Bank affiliate as purchaser on structured crude oil purchase and sale and options facility involving global energy company and related crude oil storage arrangements.
Bank affiliates as sellers and purchasers on committed crude oil purchase and sale facilities to public and private energy companies and related crude oil storage arrangements.
Bank affiliate as seller in committed power purchase and sale facility to power plant owned by private investor group and related collateral and hedging arrangements.
Energy marketer as seller in committed power purchase and sale facility to electric cooperative and related hedging and collateral arrangements.
Private investment funds and private companies as purchasers and sellers of crude oil, refined products and coal, and royalty and working interests in such commodities.
Public and private companies on energy-related synthetic lease and structured true and financial lease transactions.
Dealer and end-user clients in physically-settled crude oil, natural gas, power and coal derivatives transactions.
Publications and Speeches
"Interest Rate Hedging Transactions: Selected Concepts and Issues for End-User Counterparties," Bloomberg Law, August 2012
"Corporate End-Users and Swaps: Navigating the Dodd-Frank Regulatory Framework," 9th Annual SMU Corporate Counsel Symposium, October 2011
LL.M., Banking & Finance, with distinction, University of London, 1996
J.D., Southern Methodist University Dedman School of Law, 1995
B.B.A., Finance, with honors, University of Miami, 1992
American Bar Association
Texas Association of Bank Counsel
Dallas Bar Association
U.S. Army Judge Advocate General’s Corps, 1996-2000
US Legal 500, Structured Finance, 2010, 2011
Thomson Reuters, Texas Super Lawyers, 2013-2014
Chris has been an Adjunct Lecturer in Financial Law at SMU Law School in Dallas, Texas.
Recipient, Roy M. Goode Prize for Excellence in Commercial Law Studies, University of London (1996)