Grant E. Buerstetta
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Grant Buerstetta is a member of the Finance, Restructuring, and Bankruptcy practice group. He represents financial institutions, asset managers, issuers and investment funds focused on debt and structured securities and serves clients in areas such as:
- complex structured and asset-backed securities and securitization transactions
- alternative investment fund formation and operation
- securities issuances in domestic and international capital markets
Mr. Buerstetta has significant experience in analyzing and structuring, revising and unwinding asset-backed securities, including private offerings and SEC-registered transactions. He has represented collateral managers, originators, rating agencies, hedge counterparties and major financial institutions in collateralized debt obligations (“CDOs”), collateralized loan obligations (“CLOs”) and other securitization transactions. His experience includes numerous transactions backed by portfolios of financial instruments and real estate-related assets, such as CDOs backed by commercial and residential mortgage-backed securities, mortgage loans and other commercial real estate assets.
He has extensive experience negotiating and documenting interest rate swaps and credit default swaps (including pay-as-go swaps and super senior swaps) on behalf of special purpose vehicles/issuers and financial institutions in structured finance transactions.
He has been involved in the analysis, assessment, restructuring and liquidation of numerous distressed transactions. In that context, he has advised parties on the interpretation of their rights under transaction documents and on the innovative restructuring of transactions.
Mr. Buerstetta has formed and advises numerous alternative investment funds. These clients have adapted hedge fund and private equity fund elements into hybrid structures to accomplish their investment objectives. These funds benefit from Mr. Buerstetta’s experience with and knowledge of various structured credit products and securities law exemptions. In addition, based on his background in structured capital markets, Mr. Buerstetta advises these funds in crafting sophisticated provisions relating to investor rights and cashflow allocations. These representations draw on Mr. Buerstetta's broader corporate and securities skills as well as in-depth knowledge of complex transaction structuring.
Mr. Buerstetta has a broad background in domestic and international securities offerings, having worked for more than three years in the Hong Kong office of a major international law firm, where he represented issuers, underwriters and other clients throughout Asia in international securities transactions. His current securities law practice emphasizes private placements and Investment Company Act exemptions. He also has significant public accounting experience.
Mr. Buerstetta has been recognized by Chambers USA and Chambers Global as a leading banking and finance lawyer. Clients call him "pragmatic and even-keeled" and go on to say that he "is able to resolve difficult issues."
Recently, Mr. Buerstetta co-authored The CLO Manager’s Handbook, which can be downloaded here.
Mr. Buerstetta is a member of the Structured Finance Committee of the New York City Bar Association and a member of the Board of the Lehigh Lawyers Association.
While attending law school, Mr. Buerstetta was editor-in-chief of Boston University School of Law’s Annual Review of Banking Law.
- Asset managers, SPE issuers and hedge counterparties in new-issue collateralized loan obligations (CLO 2.0)
- Loan originator in establishing, restructuring and syndicating bespoke, rated CLO facility
- Issuers and financial institutions in assessing and restructuring distressed structured transactions (including CDOs and SIVs)
- Collateral managers of CDOs and CLOs in analyzing issues arising as a result of the credit crisis and addressing various ongoing operational issues
- Institutional equity investor in directing the liquidation of CDOs
- Financial institutions in coordinating and documenting auction for unwind of CLO warehouse
- Major bank in analyzing swap transactions (including analysis of rights and remedies) in distressed structured finance transactions
- Special purpose vehicles/issuers in conjunction with termination of swap transactions following events of default under swap documents
- Major bank in novation of interest rate swaps (including complex credit intermediation transactions) following downgrades of existing hedge counterparties
Alternative Investment Funds
- Investment managers in formation and ongoing offering of interests in alternative investment funds focused on investments in debt securities, loans and complex financial instruments
- Investment advisers in analyzing obligations in complying with SEC regulations
- General partner in reorganization of operations and extension of credit facility as part of overall shift in control of fund operations
- Joint venture partners in creating unique structure to permit dynamic investment program for commercial mortgage backed securities (CMBS) and commercial real estate assets
- 2016–2017, Capital Markets: Securitisation, listed in Chambers USA
- 2012–2013, “Leading banking and finance lawyer,” listed in Chambers USA and Chambers Global
A description of the standard or methodology on which the accolades are based can be found here.
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