- 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
Mark D. Holmes
Mark Holmes counsels and represents private equity funds, companies, banks and other investors in all types of secured and unsecured debt and equity investments including oil and gas reserve based loans, acquisition and project financings, common and preferred equity investments, restructurings, workouts and DIP financings, letter of credit facilities, term loan B financings, asset based loans, and structured commodity arrangements. Mr. Holmes’ focuses his practice on the energy industry with a particular focus on debt and equity investments in the upstream and midstream spaces.
Mr. Holmes also regularly counsels companies in connection with corporate governance matters, corporate policies, acquisitions, joint venture arrangements, physical and financial commodity hedging arrangements, interest and f/x hedging arrangements, and commercial contracts.
Private Equity/Investor Representation
Debt and Equity Investments
Small cap private equity fund in connection with a debt and preferred equity investment of up to $15 million. The investment will be used by the portfolio company to fund the acquisition of a services company, 2016.
Large cap private equity fund in its $210 million capitalization of a joint venture project. The transaction featured a combination of preferred equity and senior notes and the proceeds were used to fund the development and construction of a cryogenic processing plant, natural gas gathering system, and crude oil gathering system in Oklahoma's STACK play, 2016.
Large cap private equity fund in connection with the financing of an upstream project development in the Permian Basin. The transaction consists of up to $132 million of senior unsecured notes and a common equity investment of up to $30 million, 2015-2016.
Highbridge Principal Strategies in its $350 million recapitalization of Alta Mesa Holdings, Inc., a privately held company engaged in onshore oil and gas acquisition, exploitation and production. The transaction featured a combination of convertible preferred equity and senior notes, 2014.
Mid cap private equity fund in connection with a $40 million delayed draw term loan facility to a privately-held exploration and production company for the purpose of developing its upstream assets located in the Permian Basin, 2014.
Various private equity funds in connection with capital call lines of credit, 2016.
Silver Point Finance LLC in out-of-court workout of $390 million first and second lien credit facility to Valerus Compression Service, L.P., 2009.
MatlinPatterson Global Advisers in a $90 million debtor-in-possession financing for Foamex, Inc., 2009.
Finance (Asset Based/Working Capital)
Denham-backed portfolio company in connection with its $750 million first lien reserve based revolving credit facility secured by oil and gas reserves located in Texas and Louisiana, 2016.
EnCap-backed portfolio company in connection with its $125 million first lien reserve based revolving credit facility secured by oil and gas reserves located in Texas, 2016.
Denham-backed portfolio company in connection with its $125 million first lien reserve based revolving credit facility secured by oil and gas reserves located in Texas, 2016.
Alinda-backed portfolio company in connection with the refinancing of its $150 million revolving and term loan credit facilities. The facility is secured by a natural gas storage facility in Texas, 2016.
Magnum Hunter Resources Corporation in connection with its $50 million first lien reserve based revolving credit facility and its $340 million second lien term loan, 2014.
RIGS Haynesville Partnership Co, an Alinda Capital Partners portfolio company, in connection with its $500 million financing of a pipeline system located in the Haynesville shale in Louisiana, 2013.
Sysco Corporation in connection with its £1.725 billion senior unsecured bridge acquisition facility which was used to back Sysco’s purchase of Brakes Group, 2016.
Old World Industries, Inc. in connection with its accounts receivables securitization program, 2015.
Joint venture project in connection with a $40 million construction loan, the proceeds of which will be used to develop a multi-family residential project in Alabama, 2015.
Freeport-McMoRan Oil & Gas LLC (f/k/a Plains Exploration & Production Company) in its $5.3 billion acquisition financing (revolver, term loan A and term loan B) of Gulf of Mexico interests from BP and Shell. The acquisition financing also included senior unsecured loans in an aggregate principal amount of up to $2.0 billion pursuant to a new senior unsecured bridge credit facility, 2012.
La Paloma Generating Company, LLC and its owners in the $412 million first lien and second lien term and working capital project finance facilities regarding its 1,022 MW combined-cycle electric generation facility, 2011.
El Paso Corporation and Ruby Pipeline LLC in their $1.58 billion development, construction and project financing of the Ruby Pipeline. The financing was named "Oil & Gas Deal of the Year" for 2010 by Project Finance International, 2010.
Private exploration and production company in a financial restructuring of up to $125 million of first lien debt, including a $10 million debtor-in-possession financing, 2016.
Private exploration and production company in the out-of-court restructuring of its existing $70 million first lien reserve based facility, 2016.
Finance (Asset Based/Working Capital)
Wells Fargo, as lead arranger, and Barclays Bank PLC, as administrative agent, in a $1.50 billion senior secured revolving credit facility to Tallgrass Energy Partners, LP, a publicly traded, master limited partnership that owns, operates, and develops midstream energy assets in North America, 2016.
Wells Fargo, as administrative agent, in an $80 million senior secured revolving credit facility to a Riverstone-backed portfolio company. The facility will be secured by midstream assets located in Colorado, 2016.
Barclays Bank PLC, as administrative agent, in a $150 million senior secured revolving credit facility to Tallgrass Equity, LLC in connection with the initial public offering of Tallgrass Energy GP, LP, 2015.
Wells Fargo, as administrative agent, in a $200 million first lien reserve based revolving credit facility to an NGP-backed exploration and production company. The facility is secured by oil and gas reserves located in Wyoming, 2015.
Wells Fargo, as administrative agent, in connection with a $250 million senior secured revolving credit facility to Azure Midstream Partners, LP (f./k/a Marlin Midstream Partners, LP), a master limited partnership offering natural gas gathering & processing and crude oil logistics services in the United States. The financing pertained to Azure’s acquisition of the Legacy gathering system from Azure Midstream Energy, LLC, 2015.
Nordkap Bank, as lead arranger, in a $50 million first lien reserve-based revolving credit facility to CHX Belize, LP. The first oil and gas reserved based financing in Belize, 2013.
BNP Paribas, as lead arranger, in CITGO’s $1.85 billion senior secured revolving credit and term loan B facilities secured by oil and gas refineries located in Louisiana, Texas and Illinois, 2012.
Bank of America, as administrative agent, in a $180 term loan facility and $250 revolving credit facility to Susser Petroleum Partners, a publicly-traded master limited partnership, 2012.
Domestic and foreign banks in connection with commodity/inventory financing arrangements, 2016.
Domestic and foreign banks in connection with precious metal lease transactions, 2016.
Société Générale, as lead arranger, in a $172.5 million and $100 million project financing of digital movie projectors, 2013.
Lead arranger and administrative agent in the financial restructuring of a private exploration and production company’s $250 million first lien reserve based revolving credit facility, 2016.
Lead arranger and administrative agent in the out-of-court restructuring of a midstream company’s $220 million senior secured revolving credit facility, 2016.
Mergers & Acquisitions/Corporate/General
Sysco Corporation in connection with implementation of debt and treasury management policies, 2014-2016.
Sysco Corporation in connection with implementing and documenting its commodity, interest and fx trading programs, 2014-2016.
Old World Industries, Inc. in connection with negotiating raw material and customer supply contracts, 2102-2015.
Freeport-McMoRan Oil & Gas LLC in connection with implementing and documenting its commodity hedging program, including advising with respect to Dodd Frank compliance matters, 2014-2015.
Old World Industries, Inc. in connection with the sale of its ethylene oxide/ethylene glycol manufacturing facility, 2012.
Wells Fargo in its purchase of BNP Paribas' North American oil and gas loan portfolio, 2012.
J.D., University of Houston Law Center, 2003
B.A., The University of Texas at Austin, 1999
Energy Bar Association
Houston Bar Association
Thomson Reuters, Texas Super Lawyers Rising Star, 2013-2015
Editor, Houston Law Review