Effective January 27, 2021, the Board of the Loan Syndications and Trading Association (the “LSTA”) published a revised suite of trading documents to reflect the market’s transition from the use of the London Interbank Offered Rate (“LIBOR”) to the Secured Overnight Financing Rate (“SOFR”) or other alternative risk-free rates (“RFRs”) as a key benchmark for…
MARY KUAN
PARTNER
Mary Kuan focuses her practice on loan financings and other transactions involving extensions of credit, derivatives, bank debt and financial claims, and capital markets transactions. She has represented clients regarding bespoke and exotic structured products, fixed income and equity forwards, options, total return and credit default swaps and hedge fund linked products and CLOs, and has represented hedge funds and investment banks in warrant, convertible bond and other security offerings, loan restructurings and credit agreements. She also represents hedge funds, private equity funds and financial institutions in connection with the purchase and sale of bank debt, both par and distressed, and trade claims.
Practices
About
Mary’s experience in corporate securities and loans includes negotiating and drafting loan agreements, advising clients regarding distressed debt and high-yield secondary market trading issues, high-yield and investment grade debt analysis and credit agreement analysis including in the context of restructuring for troubled companies, bridge financings, tender offers, consent solicitations, private exchange offers and new offerings.
Mary’s experience in derivatives matters includes advising clients on valuations, close-out, collateral and other issues relating to derivatives with bankrupt or insolvent counterparties or underlying reference entities as well as negotiating and advising regarding prime brokerage arrangements, ISDA master agreements and collateral arrangements, repurchase and stock loan agreements, and exchange-traded futures and options and other trading documents, and also with respect to CLOs and CDOs.
She has extensive experience representing investment banks, hedge funds, private equity firms and public and private companies in financings, public and private offerings of debt, equity and hybrids, exchange offers for companies pre-bankruptcy, reorganizations and refinancings of existing debt in anticipation of bankruptcy, secondary market trading issues (including insider trading issues) and regulatory, compliance and corporate governance issues for broker dealers and companies.
Education
University of Chicago Law School (J.D., 1999)
Roundtable Law Journal, Articles Editor
University of California at Los Angeles (B.A., summa cum laude, 1996)
Bar Admissions
2000, New York
Languages
Chinese (Mandarin)
Accolades
Phi Beta Kappa
Speaking Engagements
COVID-19: Counterparty Trading and Risk Issues for Fund Managers
Co-speaker, Kleinberg Kaplan & Women in Funds Special Webinar, May 14, 2020
Insights
The Train Has Left the Station: LSTA Issues Revised Secondary Trading Documentation To Reflect Transition from LIBOR
January 29, 2021Client AlertsLIBOR Transition – ISDA Prepares to Launch 2020 IBOR Fallbacks Protocol and Supplement
October 19, 2020Client AlertsFollowing a favorable review from the Antitrust Division of the U.S. Department of Justice, the International Swaps and Derivatives Association (“ISDA”) announced on October 9, 2020 that it intends to publish a protocol, along with updates to its standardized documentation to provide for fallback rates and procedures to account for the potential discontinuation of certain…
Helping Clients Navigate COVID-19 (Updating)
August 18, 2020Client Alerts, FEATURED PUBLICATIONKleinberg Kaplan is working closely with our clients to provide counsel and guidance during these unprecedented times. A selection of our recent thought leadership pieces related to the implications of COVID-19 includes: Corporate Considerations The PPP Just Got Better (June 10, 2020): Chris Davis, Dov Kleiner, Uri Rosenwasser and Benjamin Goldman discuss the key highlights of the…