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Pierre-Nicolas Ferrand
Partner

Education
Université de Paris II-Panthéon-Assas, Ph.D. in Law (Doctorat), 1993
University of Chicago, LL.M., 1992
The Catholic University of Paris, D.E.A. in Canonical Law, 1991
Université de Paris II-Panthéon-Assas, D.E.A. in Business and Economic-Law, 1990

Practice
Pierre-Nicolas Ferrand is a partner in the firm’s European Finance Group and works closely with the Property, Bankruptcy & Reorganization and Project Development & Finance groups. His practice is primarily focused on banking and structured finance, including asset-based, real estate and project financings, for French and international arrangers and investors. He is significantly involved in matters related to the construction, operation and development of renewable energy projects. He also has extensive experience in restructuring and insolvency issues, including acquisitions and disposals of distressed assets, workout negotiations, financial and corporate restructurings, debtors and creditors representation, and formal insolvency procedures.

He has represented major financial institutions, multinational and French corporations in connection with the financing, the refinancing and the restructuring of companies and assets, including BNP Paribas, Bank of Ireland, GMAC, Natixis, Société Générale, The Royal Bank of Scotland, Rhodia, SNS Property Finance and U.S. companies.

Prior to joining Shearman & Sterling in July 2007, Pierre-Nicolas Ferrand was a partner at Jones Day, where he practiced in the Paris and Singapore offices. Before becoming a lawyer, he practiced as an assistant trustee in bankruptcy.

Pierre-Nicolas Ferrand has been cited regularly as one of the best banking & finance as well as restructuring/insolvency lawyers in France in Chambers Global - Guide to the World’s Leading Lawyers, published by Chambers & Partners, and is also recommended in The Europe Legal 500 guide, published by Legalease, as a leader in banking and financial law.


Experience

Project Finance

  • AES, as sponsor, in the financing of two windparks in France with a total generating capacity of 34.5MW (2009); in the project financing of two wind turbine farms (35 MW) located in the Nord Pas-de-Calais (France) (2009)
  • Banco Santander Central Hispano S.A. in the financing of the construction and operation of the Beausemblant Windpark (2006)
  • Réseau Transport Electricité in connection with $8.3 billion assignment of debt by Electricité de France to Réseau Transport d’Electricité in the spin-off of the electric transportation activities and assets of Electricité de France (2005)
  • Société Générale in connection with the refinancing of the acquisition by Abertis, the Spanish infrastructure and transportation management company of the French toll road company, SANEF (Societe des Autoroutes du Nord et de l’Est de la France) (2006); the financing of several co-generation units portfolios owned by Dalkia (2007); in the financing of four wind farms sponsored by Iberdrola (2007); the financing of several cogeneration units portfolios (2007) and the financing of the acquisition by Giraud of a fleet of trucks (2007); the project financing for the construction, operation and development of four windparks in various locations in France for Iberdrola, for an overall generating capacity of 43MW (2008); the project financing for the construction, operation and development of a windpark in France for Iberdrola with a generating capacity of approx. 25MW (2009); the financing of several windfarms sponsored by Sogernia France (formerly SFE) with an aggregate generating capacity of 53 MW (2009-2010); the project financing for the construction, operation and development by Aerowatt of a windpark located in France (2009) ; the project financing for the construction, operation and development by Iberdrola of four windparks located in France (Picardie, Bretagne, Poitou-Charentes) with a total generating capacity of 40MW(2010)
  • Société Générale, Norbail Sofergie and OSEO Financement in the project financing for the construction, operation and development by Voltalia of a windpark located in France with a generating capacity of 12MW (2010)
  • The pool of lenders in connection with French issues regarding the project financing of a cement factory in Syria sponsored by Lafarge (2009)

Real Estate, Asset Financing, Acquisition Financing
  • Advent International in connection with the €770 million financing for its acquisition of the card systems and identity divisions of Oberthur Technologies from the Oberthur Group. The total value of the transaction is of EUR 1,15 billion (2011)
  • ANF in connection with the partial financing of the €471 million acquisition of the 159 hotels of the chain B&B by Natixis, as Mandated Lead Arranger, Agent and Lender, Société Générale and Banque de l’Economie, du Commerce et de la Monétique as Co-Arrangers and Lenders (2007)
  • Bank of Ireland in connection with the refinancing of the acquisition of a property located at place Vendôme in Paris (2008); the refinancing of Hypo Real Estate Bank’s participation in a facility for the acquisition of a property located in Nanterre (suburbs of Paris) (2008); the €71 million financing of the acquisition of an office building located at rue de Lisbonne in Paris (8th district) (2007)
  • BNP Paribas in connection the refinancing of the acquisition by Morgan Stanley Real Estate Fund of the Carlton Hotel in Cannes (2008); the issuance, at the request of ING Real Estate group, of several payment guarantees for an aggregate amount of €135.5 million to secure the payment of an office building under development located in Neuilly-sur-Seine (France) (2007); the €201 million refinancing of the existing real estate assets portfolio of IPBM, a French listed real estate company belonging to GE Group (2007); the financing of a warehouse sale and leaseback transaction performed in favor of the real estate investment fund ING REEIF I (2006); the financing of the acquisition by ING Real Estate Investment Management of the shopping mall “Les 4 Boulevards” located in Calais (France) (2006)
  • Crédit Suisse, Citigroup, Morgan Stanley, Crédit Agricole CIB and Société Générale in connection with the €300 million offering of high yield bonds, as well as a related stand-by bridge facility agreement, issued in connection with the €1.6 billion acquisition by Lion Capital of French frozen food company Picard (2010)
  • Deficom, Altice and Apax Partners in connection with the financing of the acquisition of Coditel Belgium and Luxembourg. The transaction included the signing of a 260 MEUR Bridge Financing and a 25 EUR million revolving credit facility, and a EUR 260 million high yield bond issuance (2011)
  • Eurowatt, as purchaser, in the acquisition of a 50% interest of the share capital of Infinivent in a bid process in the wake of the insolvency proceedings affecting Babcock & Brown (2009)
  • InterXion Holding N.V’s €200 million high yield bond offering and new €60 million revolving credit facility, French counsel to the Joint Bookrunners and to the Co-Manager with regard to the French legal aspects of (i) the offering memorandum, (ii) the indenture, (iii) the security documents as well as (iv) the revolving facility agreement and the intercreditor agreement (2010)
  • IPIC in relation with French regulatory advice with regard to the acquisition by IPIC of 20% of Barclays PLC (2009)
  • Irish Life & Permanent Plc in a financing in connection with the acquisition by SARIP SCI of a building located in Paris, France (2006)
  • Labco, in its high yield bond offering and its €135 million revolving credit facility (2011)
  • LRP – Landesbank Rheinland-Pfalz in connection with the financing of the acquisition of 10 levels and 132 parking spaces in tower “Les Poissons” located in Courbevoie for an amount of approximately €43 million (2007)
  • The management of Sagemcom and The Carlyle Group in connection with the financing of their contemplated acquisition of Sagecmcom from the Gores Group. The financing included a EUR 180 million senior facility and a EUR 6.3 million bridge facility (2011)
  • Natixis and Crédit Foncier de France in connection with the acquisition from Goldman Sachs of the debt held by Goldman Sachs against a subsidiary of Colony Capital and relating to the acquisition of an hospital located in Geneva (Switzerland), and the refinancing and restructuring of such debt (2010)
  • Natixis and BAWAG in connection with the acquisition refinancing, restructuring and securitization through a luxembourg vehicle of the debt held by Goldman Sachs against the BUT group (2010)
  • SNS Property Finance in connection with the financing of several real estate acquisitions and constructions, for commercial, office or habitation use (shopping centers in Lille in 2004, in Arcueil in 2005, and in Belgium in 2011, office building at Maisons-Alfort in 2008, hotel complex in Toulouse in 2008, large mixed use complex in Villeneuve d’Ascq in 2008 and Bordeaux in 2009, and railway station of Perpignan for the SNCF in 2008).
  • The Royal Bank of Scotland plc in connection with the organization of a EUR 100 million pan-European investment credit facility for the benefit of Bouwfounds European Real Estate Parking Fund, a real estate fund specialized in acquiring parking buildings throughout Europe (2011); the establishment of a multi-tranche, multicurrency credit facility for the financing of two fund of funds managed by Composition Capital Partners B.V. investing in funds having interests in European and Asian real estate assets (2007); in the refinancing of the acquisition of a high-end hotel located in Courchevel for an amount of approximately €80 million (2007); in the refinancing by a French investor of its existing assets portfolio and the financing of future real estate assets acquisitions (2007)

Restructuring & Insolvency
  • A major group of domestic electrical appliances with respect to the restructuring of its debt through a pool of French and international banks (2010)
  • A major international telecommunications servicer in connection with its offer to purchase the whole businesses of Nortel group, subject to US and pan-European insolvency proceedings (2009)
  • A major U.K. lending institution, as creditor in a pre-bankruptcy work-out situation (Mandat ad hoc) in France of an international group of companies operating in the food industry (2009)
  • Consolidated Precision Products (CPP) and its parent, Industrial Growth Partner (IGP), with respect to the acquisition in court of all the assets of Microcast and Aerocast, two entities operating foundry businesses specialized in the aerospace and defense sectors and facing liquidation proceedings in France (2008)
  • Dana, the automotive U.S. company subject to Chapter XI in the U.S., in connection with the French and some of the pan-European aspects involving the French subsidiaries (2007)
  • First Eagle Funds in the restructuring of the capital structure and financial indebtedness of Emin Leydier Group through two Conciliation proceedings (2009)
  • Barclays Capital and JPMorgan as joint coordinators and Barclays Bank plc as facility agent in connection with the refinancing of senior credit facilities for the INEOS Group and the related issuance of senior secured notes (2010)
  • Geoxia, the No. 1 builder of private houses in France, as debtor in the restructuring of its overall bank liabilities and capital structure (2009)
  • Natixis and the other lenders to Immobut in connection with the corporate restructuring of the BUT Group, one of the French leading household equipment retail companies, and the negotiation of the related finance and security documents (2010)
  • Rhodia S.A. in connection with the pre-bankruptcy financial restructuring of the Nylstar Group’s debt, including with respect to the negotiation with the pool of banks of a debt to equity swap structure (2007)
  • SNS Property Finance in the restructuring of the liabilities and capital structure of two distressed real estate developers holding two development projects in the hospitality/tourism sector (Immoconcepts) (2009); the sale of its stake in Océanis SNSPF to Océanis Promotion and restructuring of the financings granted by SNS Property Finance, as debtor, to various entities of the Océanis Group (2010); the transfer of its participation in the “Atlantis Haussmann” and “Béziers” portfolio financings to Natixis in view of the restructuring of the facilities (2010); the financing of an acquisition before completion (VEFA) by an irish real estate fund of an office building of 12.264m² located in Maisons Alfort (2011); the restructuring of the indebtedness related to a commercial center located in Belgium (2011)
  • The board of directors of a French company in connection with shadow management claims brought by the trustee in bankruptcy following the filing for bankruptcy of the company (2007)
  • The lenders in the restructuring of the facilities granted to the French real estate developer Kaufman & Broad (2009)
  • The shareholders of Christian Lacroix SNC in connection with the latter’s reorganization proceedings (redressement judiciaire) in France (2009)
  • The Royal Bank of Scotland, as Agent and Lender, in the context of a restructuring of the debt of a group holding a portfolio of real estate companies and assets (Plaza Finance) (2009)


Selected Professional & Business Activities
  • Member, French Institute of Bankruptcy Practitioners (IFPPC), TMA
  • Member, French Law Doctors Association


Publications
Pierre-Nicolas Ferrand has written various articles on finance and bankruptcy matters. He also speaks regularly on panels and at seminars in France in connection with these topics.

Bar Admissions/Qualifications
Paris


Languages
French
English