Andrew G. Herr

Andrew G. Herr

Partner, Financial Services

Key Contact: Financial Services

Key Contact: U.S. Cross-Border Legal Services

Contact Information

aherr@osler.com

tel: 212.991.2546

Office

New York

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Areas of Expertise

Bar Admission

England and Wales, 2001

New York, 2000

Ontario, 1997

Education

  • Osgoode Hall Law School, J.D.

Language(s)

English, French

Andrew represents financial institutions and borrowers in domestic and international debt financing transactions, including syndicated secured and unsecured credit facilities, acquisition and other leveraged finance transactions, mezzanine and holdco PIK financings, commercial and asset-based lending, private placements, and structured finance transactions. He also has experience in securitizations, derivatives and financial restructuring.

Prior to joining Osler, Andrew was a member of the Global Finance Group at a leading international law firm, based in New York. For portions of his nine years at that firm, he was seconded to its Hong Kong, Silicon Valley and London offices. Before that, Andrew practiced law in the Toronto office of a leading Canadian law firm. Andrew has worked on transactions involving borrowers in more than 20 countries.

  • Maple Leaf Foods

    Maple Leaf Foods in its sustainability-linked credit facilities

  • Dominion Voting Systems

    Dominion Voting Systems in its acquisition by its management team and Staple Street Capital

  • Hootsuite

    Hootsuite in its US$50 million credit financing from CIBC Innovation Banking

  • China Molybdenum Co., Ltd.

    China Molybdenum Co., Ltd. in the sale by Louis Dreyfus Company of its global metals business to NCCL Natural Resources Investment Fund for US$466 million

  • Mitel Networks Corporation

    Mitel Networks Corporation in connection with its acquisition of ShoreTel, Inc. for US$530 million

  • Constellation Brands, Inc.

    Constellation Brands, Inc. in the sale of its Canadian wine business to Ontario Teachers’ Pension Plan for approximately $1.03 billion

  • China Molybdenum Co., Ltd

    China Molybdenum in its US$2.65 billion acquisition of Freeport-McMoRan’s indirect 56% interest in the Tenke Fungurume copper-cobalt mine

  • China Molybdenum Co., Ltd

    China Molybdenum in its US$1.5 billion acquisition of Anglo American’s Brazilian niobium and phosphates businesses

  • Mitel Networks Corporation

    Mitel in its proposed $1.96 billion acquisition of Polycom

    • The lenders in a £10 billion credit facility provided to a consortium bidding to acquire an airport operator
    • The administrative agents in US$3.4 billion, US$2.5 billion and US$1 billion credit facilities provided to leading U.S. investment banks, and in US$4.2 billion, US$1.4 billion, US$1 billion and $700 million acquisition finance facilities, a US$900 million borrowing-base revolving credit facility provided to a leading U.S. private equity firm, and a US$2.5 billion multicurrency revolver provided to a leading U.S. electronics retailer
    • A hedge fund as borrower under a US$250 million borrowing-base multicurrency revolving credit facility
    • A provider of fixed satellite services in the financing of its acquisition of another satellite service provider, in a US$7.1 billion leveraged finance transaction
    • U.S. and other institutional investors in U.S. 4(2) private placements of debt aggregating in excess of US$15 billion, including: a US$1.2 billion private placement (then the largest ever such transaction); transactions involving issuers in Australia, Austria, Chile, England, El Salvador, Germany, Iceland, New Zealand, Panama, Spain and Turkey; transactions involving political risk insurance; transactions denominated in Euros, Sterling, and Australian, Canadian and New Zealand dollars; the private placements of several National Football League teams, of a leading Australian toll road operator and of a Los Angeles-based real estate investment trust; and the Tier 1 Capital fundraisings of Icelandic banks
    • 34 U.S. institutional investors in the renegotiation of US$800 million in private placement debt of a “big four” professional services firm in the separation of its consulting business
    • An Ontario investment fund in its US$28 million second lien debt and US$5.6 million equity financing provided in a US$128 million LBO of one of the largest automotive collision repair businesses in the United States
    • A leading U.S. private equity firm and Canadian pension fund on the U.S. aspects of the financing for their C$324 million acquisition of a provider of cross-border logistics services
    • A global financial services firm as secured lender in the Chapter 11 bankruptcy proceedings of a major U.S. subprime mortgage lender, in connection with credit bidding in an auction under Section 363 of the U.S. Bankruptcy Code
    • The Canadian and U.S. lenders on a $2.45 billion bridge finance facility provided to the winning bidders in the “P3” privatization of Ontario’s Highway 407 Electronic Toll Road; and the U.S. underwriters in the U.S. bond market take-out financing of the bank bridge facility
    • A leading Canadian financial institution in connection with public debt, preferred stock and equity treasury financings aggregating approximately $2 billion, with respect to OTC derivatives and EMTN programs, and with respect to issuances of principal-protected managed futures CDs and commodity-linked notes
    • A Canadian toy manufacturer in connection with split-lien U.S. ABL and Canadian debenture financings provided upon exit from plan of arrangement proceedings under the Canada Business Corporations Act and concurrent proceedings under Chapter 15 of the U.S. Bankruptcy Code
  • Find More

  • Legal 500: Recognized in International Expertise

  • Ongoing pro bono representation of arthome online inc., a non-profit organization dedicated to enhancing financial literacy and home ownership among artists as a means of fostering the arts.

  • Chartered Financial Analyst (CFA®)
  • Chartered Alternative Investment Analyst (CAIA®)
  • Certified as a Financial Risk Manager (FRM®) by the Global Association of Risk Professionals
  • Fellow of the American College of Investment Counsel (ACIC)

  •  “Breathing Room on the Refinancing Cliff” (quoted), Institutional Investor Magazine, Maureen Nevin Duffy, June 4, 2010.
  • “Amend and Extends” Emerge as New Trend in U.S. Loan Markets, Osler Update, July 7, 2009.
  • Credit Market Turmoil and Stimulus Package Bolster U.S. Loan Buybacks, Osler Update, March 10, 2009.