Thomas Perich

Thomas J. Perich centers his practice in the areas of banking and finance.

The matters on which he has counseled clients include:

• Documentation of domestic and international commercial, construction, real estate development and energy (focusing on upstream/E&P) loans
• Acquisition financing including loans to finance the acquisition of public and private energy companies and assets
• Leasing and project finance
• Monetization and structured finance, including off-balance-sheet financing, production payments, prepaid forward contracts and credit insurance
• Bank regulatory issues
• Workouts and restructurings, with extensive experience in creditors’ rights and bankruptcy
• Lender liability and usury

Tom has also represented banks and bank holding companies before state and federal regulatory and administrative agencies, and in the acquisition and disposition of banks and bank assets.

Experience:

• Counsel to Cathexis Holdings, L.P. on a $300 million loan from Goldman Sachs.
• Counsel to Toronto-Dominion Bank, as administrative agent, on a $450 million 364-day term loan and a $450 million three-year term loan, both to Phillips 66.
• Counsel to Mizuho Bank, as co-lead manager, on a $5 billion loan to Phillips 66 and a $750 million loan to Phillips 66 Partners, L.P.
• Counsel to JPMorgan Chase, as administrative agent, on a $30 million loan to Qualfon Data Services
• Counsel to Sinopec in its acquisition of Argentine oil and gas concessions from Occidental Petroleum
• Counsel to Bank of America in $400 million loan to Seventy Seven Operating, LLC following its spin-off from Chesapeake Energy
• Counsel to Core Laboratories in a $150 million Senior Notes Private Placement
• Counsel to Energy Alloys in a $70 million term and revolver financing provided by GE Capital Corporation
• Counsel to Capital One Bank, N.A. on the $110 million E&P loan to Black Elk Energy Offshore Resources
• Counsel to Credit Suisse on loans designed to monetize various structured finance products owned by various Cayman and Luxembourg entities
• Counsel to ATP Oil and Gas Corporation and ATP Titan LLC on a $350 million project financing of the offshore production platform Titan
• Counsel to BMO Capital Markets and Bank of Montreal in E&P loan to Magnum Hunter Resources
• Counsel to consortium of six international banks in the restructuring of a series of credit enhancement facilities related to bonds issued by the Harris County Health Facilities Development Corporation to finance construction of health care facilities for the Baylor College of Medicine.
• Borrower/Developer Team Leader on portfolio project finance project named “International Deal of the Year” by Project Finance Magazine that included client ANP Funding I and its parent, American National Power, Inc., in the $1,375,900,000 financing of five gas-fired power plants located in the states of Texas and Massachusetts. The affiliates included International Power plc. The bank group was led by five lead arrangers, ABN AMRO Bank, N.V., Citibank, N.A., Deutsche Bank AG New York Branch, ING (U.S.) Capital LLC and Societe Generale, New York Branch and included approximately a dozen other banks, funds and financial institutions.
• Counsel to Quantum Utility Generation in the purchase and financing of the 760 MW gas fired power plant in Ackerman, Mississippi.
• Counsel to Sinopec in its purchase of Argentine offshore oil concession from Occidental.
• Counsel to JPMorgan Chase on a series of syndicated floor plan and acquisition loans to various nationwide automobile franchise companies totaling over $2 billion, as administrative agent.
• Counsel to The Royal Bank of Scotland plc on a series of Drilling/Funding Agreements with Anadarko Petroleum Corporation.
• Counsel to The Bank of China on a combined $235 million revolver and term acquisition loan to ION Geophysical Corporation.
• Counsel to HSBC on various energy and commercial financings to Houston-based companies.
• Counsel to GFI Oil & Gas, Inc. in financing development of concessions in Thailand and Indonesia with major foreign banks
• Counsel to Scorpion Drilling in multiple level financing of construction of offshore drilling rigs with Nordea Bank and Morgan Stanley
• Counsel to JPMorgan Chase in a $110,000,000 equivalent multi-currency facility to Dynamic Materials Corp.
• Counsel to Capital One Bank, as Agent, and to Mutual of Omaha Bank, on a series of revolving credit and term loans to Petroleum Wholesale, Inc. totaling $53,000,000
• Counsel to ArcLight Capital Partners in formation of joint venture with Quest Energy and acquisition and financing of oil and gas properties from Devon.
• Counsel to ERG Resources on $100,000,000 Senior Secured Financing from Citibank, N.A., and $15,000,000 second Lien Loan from CIT Capital USA Inc.
• Counsel to Cheniere Marketing, Inc. on $100,000,000 trade receivables financing from BNP Paribas.
• Advisor for many years to Houston affiliates of numerous financial institutions, including JP Morgan Chase, Wells Fargo, NA, The Royal Bank of Scotland plc, HSBC, Citibank, and others, in loan and related financial accommodations given to independent E&P companies and oilfield service companies.
• Counsel for Sinopec, CNOOC, Sinochem and other Chinese oil and gas companies in international M&A activities.
• Tom has worked on financings, energy development and M&A activities all over the world, including projects in Thailand, Indonesia, India, Nigeria, Angola, Egypt, Gabon, Argentina, Luxembourg, Netherlands, UK, Norway, the UAE, Saudi Arabia, Bermuda and numerous Caribbean countries.

EDUCATION:

• JD, The University of Texas School of Law, with honors, Texas Law Review, Order of the Coif, 1975
• MA, Economics, The University of Texas, with honors, 1971
• BSFS, Georgetown University Walsh School of Foreign Service, 1967

BAR ADMISSIONS:

• Texas

COURT ADMISSIONS:

• US District Court, Southern District of Texas
• US Court of Appeals, Fifth Circuit

Memberships:

• Houston Bar Association
• Houston Commercial Lawyers Forum
• Texas Association of Bank Counsel
• Various civic and charitable organizations
• Successfully completed all segments of the initial real estate certification exam of the State Bar of Texas
• Served as vice consul/commercial attache in the Foreign Service, U.S. Department of State, American Consulate General, Munich, Germany (1972-1975)