Irina Marinescu is an associate in the Finance Practice Group in the New York office of Haynes and Boone, LLP. Her practice is focused on financing and the representation of financial institutions and borrowers in secured lending and finance transactions, including syndicated credit facilities, revolving and non-revolving credit facilities, capital commitment subscription financings, project financing facilities, commercial real estate repurchase facilities and asset securitizations.
- Represented administrative agent and lender in a syndicated more than $700 million hybrid facility secured by capital commitments and portfolio assets for mezzanine fund borrowers.
- Represented administrative agent and lender in an $80 million credit facility secured by capital commitments of real estate fund investors.
- Represented originating lenders in a more than $500 million CLO issuance collateralized by commercial mortgages.
- Represented mandated lead arranger and lender in a more than $70 million project loan facility to fund construction of a 7.5-MW biomass-to-energy facility.
Selected Publications and Speeches
- "Where Does the Dirham Stop in a Sukuk Default?" 35 Hastings Int'l & Comp. L. Rev. 451, Summer 2012 (highlighting the lack of legal clarity around default mechanisms in the multi-billion dollar Islamic debt market).
Selected Representative Experience
Deutsche Bank/Green Energy Team Hawaii Biomass Project
Represented Deutsche Bank Securities Inc., as Mandated Lead Arranger and Lender for a $76.1 million loan facility to fund construction of a 7.5-megawatt (net) biomass-to-energy facility on the island of Kaua'i, Hawaii.
04/23/2014 - ISDA Section 2(a)(iii): Problems and Solutions
In recent years, one clause of the ISDA Master Agreement has been the source of a great deal of consternation among derivatives lawyers: the condition precedent set forth in Section 2(a)(iii), which purports to suspend a party’s payment obligations in the event of a continuing default by the other party.
12/11/2013 - Dodd-Frank Update: Cross-Border Application
The U.S. Commodity Futures Trading Commission has issued interpretive guidance regarding which Dodd-Frank requirements apply to certain non-U.S. swap transactions.
05/15/2013 - Dodd-Frank Update: CFTC ISO/RTO Exemptive Order
On March 28, 2013, the Commodity Futures Trading Commission (“CFTC”) issued a final order exempting specified transactions by certain regional transmission organizations (“RTO”) and independent system operators (“ISO”) from all but the general anti-fraud and anti-manipulation prohibitions of the Commodity Exchange Act (“CEA”) and related CFTC regulations promulgated thereunder (“Exemptive Order”).
05/10/2013 - Dodd-Frank Update: CFTC Inter-Affiliate Swap Clearing Exemption
On April 1, 2013, the U.S. Commodity Futures Trading Commission (“CFTC”) issued a final rule exempting swaps between certain affiliated entities from the clearing requirement under section 2(h)(1)(A) of the Commodity Exchange Act (“CEA”) and CFTC regulations (“Final Rule”).
04/03/2013 - Update on Dodd-Frank Requirements for Swap Guarantees
The Commodities Futures Trading Commission (the “CFTC”), pursuant to its rulemaking authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) , has interpreted guarantees of swap agreements to fall under the definition of a swap...