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Robert J. Waldner

Senior Counsel

Overview

Financial institutions participating in the market for troubled and nonperforming loans and financial claims trust Bob Waldner’s transactional guidance and market insights. He represents investment funds, banks, and other financial institutions that trade commercial and industrial bank loans, distressed securities, bankruptcy and litigation claims, and other illiquid assets.

Bob’s transactional practice concentrates on trade structure and documentation as they relate to the allocation of credit risk in the fixed-income trading markets. He has been engaged by investors seeking to acquire strategic positions in companies undergoing financial restructuring or in bankruptcy, and he often counsels these clients on reviewing and analyzing credit documentation and related reorganization or bankruptcy materials. He also works with several broker-dealers in support of their secondary loan and claims trading desks.

Bob has assisted a wide range of financial clients in creating trading solutions for illiquid assets in North America, Europe, and Asia. He focuses on the preparation and negotiation of primary and secondary loan and claims trading documentation, including agreements adopted under the Loan Syndications and Trading Association, Inc. (LSTA), and Loan Market Association regimes and other bespoke purchase and sale contracts as well as private securities trading documentation.

Bob is an active participant in the LSTA and has contributed to the evolution of its suite of standard trading documents as a member of numerous LSTA working groups.

Prior to joining the firm, Bob was an attorney with Kibbe & Orbe LLP.

Career & Education

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    • Duke University, B.S.E., 1995
    • University of Michigan Law School, J.D., cum laude, 2000
    • Duke University, B.S.E., 1995
    • University of Michigan Law School, J.D., cum laude, 2000
    • New York
    • New York
  • Professional Activities and Memberships

    • Member, The Loan Syndications and Trading Association (LSTA)

    Professional Activities and Memberships

    • Member, The Loan Syndications and Trading Association (LSTA)

Robert's Insights

Client Alert | 4 min read | 04.10.24

Supreme Court Preserves the Status Quo That Syndicated Loans Are Not Securities in Kirschner v. JPMorgan Chase

On February 20, 2024, the Supreme Court finally brought the curtain down on the Kirschner v. JPMorgan Chase Bank, N.A. et al., action when it denied Plaintiff’s petition for certiorari that challenged the Second Circuit Court of Appeal’s determination that syndicated bank loans were not “securities.” While the Second Circuit made that decision in August, fears of significant market disruption were raised again in December, when the plaintiff asked the Supreme Court to review the case. But, as a result of the denial of cert, the Second Circuit decision stands, and for the time being, syndicated term loans will not be subject to securities regulation....

Representative Matters

  • Advised a major investment bank in connection with its purchase and subsequent sale of a portfolio of over 100 loans, with principal totaling approximately $1 billion.
  • Represented a major hedge fund in connection with its acquisition in a series of transactions of several hundred customer claims against the liquidating estate of an insolvent Securities Investor Protection Act commodities broker.
  • Represented a major U.S. investment bank in connection with its sale of several multibillion-dollar portfolios of syndicated loans to foreign investors pursuant to "true sale" participation agreements.
  • Advised multiple private-equity and hedge funds in their diligence and acquisition of PG&E Corp. insurance subrogation claims.

Robert's Insights

Client Alert | 4 min read | 04.10.24

Supreme Court Preserves the Status Quo That Syndicated Loans Are Not Securities in Kirschner v. JPMorgan Chase

On February 20, 2024, the Supreme Court finally brought the curtain down on the Kirschner v. JPMorgan Chase Bank, N.A. et al., action when it denied Plaintiff’s petition for certiorari that challenged the Second Circuit Court of Appeal’s determination that syndicated bank loans were not “securities.” While the Second Circuit made that decision in August, fears of significant market disruption were raised again in December, when the plaintiff asked the Supreme Court to review the case. But, as a result of the denial of cert, the Second Circuit decision stands, and for the time being, syndicated term loans will not be subject to securities regulation....

Robert's Insights

Client Alert | 4 min read | 04.10.24

Supreme Court Preserves the Status Quo That Syndicated Loans Are Not Securities in Kirschner v. JPMorgan Chase

On February 20, 2024, the Supreme Court finally brought the curtain down on the Kirschner v. JPMorgan Chase Bank, N.A. et al., action when it denied Plaintiff’s petition for certiorari that challenged the Second Circuit Court of Appeal’s determination that syndicated bank loans were not “securities.” While the Second Circuit made that decision in August, fears of significant market disruption were raised again in December, when the plaintiff asked the Supreme Court to review the case. But, as a result of the denial of cert, the Second Circuit decision stands, and for the time being, syndicated term loans will not be subject to securities regulation....