Keith Sambur

Practices

Education and Clerkships

J.D., St. John’s University School of Law, 2004, magna cum laude

B.A., George Washington University, 2000

Admissions

New York

Colorado

Court Admissions

U.S. District Court for the Southern District of New York

U.S. District Court for the District of Colorado

Profile

Keith Sambur brings a multi-disciplinary approach when representing clients in all aspects of financial restructurings, special situation investments, corporate transactions, complex inter-creditor disputes and creditors’ rights litigation. He has deep knowledge and experience of the restructuring process, structuring and documenting corporate transactions and litigating contentious commercial matters. His multi-faceted background allows him to blend techniques and disciplines to create value and opportunity for clients.

Keith’s clients include secured and unsecured lenders, hedge funds, investment banks and other financial institutions, which he advises in connection with strategic investments and the acquisition of “control positions” in troubled or highly leveraged companies. He frequently counsels clients on the exercise of control rights in lending syndicates and bondholder groups, placing him in the forefront of cases shaping the landscape of distressed investing. Keith has also counseled DIP and exit facility lenders as well as parties seeking to purchase assets pursuant to a “363” sale. Additionally, he has represented borrowers facing financial or operational distress.

Keith also maintains an active general corporate practice, representing borrowers and lenders in lending transactions involving both non-investment grade and investment grade companies. He represents banks, investment banks, hedge funds and other financial institutions in connection with direct lending, as well as investments in syndicated loans in the secondary market.

Keith has lectured on a variety of restructuring issues for legal and business audiences. He is a member of the American Bankruptcy Institute and the Loan Syndications and Trading Association.

Professional Recognition

  • Selected as a Rising Star in Bankrupcty by Law360, Portfolio Media, Inc., 2015
  • Selected for inclusion in New York Super Lawyers - Rising Stars Edition, Thomson Reuters, 2013-2016

Professional and Community Activities

  • Vice Chairman, Board of Trustees, Jarrow Montessori

Selected Publications and Speeches

  • "SDNY Allows Rejection of Midstream Agreements in Sabine Bankruptcy Case," co-author with David Staab, Haynes and Boone Oil Patch Bankruptcy blog, March 9, 2016.
  • “Buyers Beware: Avoidance Risk Travels with Debt Purchases,” co-author with Paul Haskel, Law360, May 21, 2012.
  • “Secured Lender Review: Seven Cautionary Rules,” author, Law360, April 4, 2011.
  • “Are Second Lien Lenders Entitled to Object to a 363 Sale? According to a Recent Decision, the Answer is a Resounding ‘Yes!’” co-author, The Secured Lender, January 25, 2011.

Honors

Super Lawyers

Haynes and Boone Recognized in 2016 New York Super Lawyers Directory

Haynes and Boone practitioners have again been recognized as New York Super Lawyers and Rising Stars, published by Thomson Reuters. Super Lawyers and Rising Stars rate outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Selected Client Representations

  • Represented MPAP Holdings in connection with its hostile acquisition of 100% of the membership interests of Docupace Technologies following the bankruptcy of RCAP – Docupace’s controlling member
  • Represented Dan Carney, co-founder of Pizza Hut, in connection with his disposition of the Aspen Pure Water and Xing Tea brands to publicly traded New Age Beverages Corp for a combination of cash, stock and debt
  • Represented U.S. Bank National Association as administrative agent and lender in connection with a $175 million delayed draw term loan secured primarily by twenty-two separate real estate parcels spanning four jurisdictions
  • Represented private investment fund in connection with the acquisition and debt financing of a five-property office and industrial portfolio sold by Equity Commonwealth totaling 1.0 million square feet located in Maryland, Minnesota, and Missouri, for a gross sale price of $84 million 
  • Represented Colorado based oil field services company in connection with the restructuring of approximately $100 million of secured and unsecured debt
  • Alternative asset manager in connection with successful loan to own acquisition of Florida commercial real estate project owned by one of the world’s largest real estate investment funds.
  • World-renowned spa and resort owner in connection with the restructuring of its mortgage and mezzanine lending facilities and entry into new lending facilities.
  • Private investment fund in the acquisition of U.S.-based assets of Israeli entity in Israeli insolvency proceeding.
  • Lenders to a Medicare service provider in connection with out of court debt restructuring and merger.
  • The lead investor in its acquisition of a majority equity stake in a heating-oil delivery company through the conversion of its debt to equity in its Chapter 11 reorganization.
  • An institutional investor in connection with $75 million lease rejection claims against an automotive parts manufacturer in Chapter 11 proceedings.
  • The lead investor in connection with the purchase of senior secured loans and the origination of a DIP loan to an energy producer in Chapter 11 proceedings and the subsequent acquisition of substantially all of the debtor's assets.
  • Ad hoc secured lenders in connection with the restructuring of approximately $500 million of debt of a satellite operator in Chapter 11 proceedings.
  • Secured lenders in connection with the bankruptcy of the nation’s largest registered traveler program operator.

Corporate Transactions

  • A private equity fund in a real estate mezzanine investment.
  • A telecom company in connection with a $700 million secured credit facility.
  • An agent bank in connection with a multibillion-dollar loan for the development of liquefied natural gas fields in Qatar.
  • An agent bank in connection with the restructuring of a term loan made to an automotive parts manufacturer and the negotiation of working capital facility and intercreditor agreements.

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